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AVATAR PROPERTIES, INC. v. GUNDEL

Case No. 6D23-170.

372 So.3d 715 (2023)

AVATAR PROPERTIES, INC., Appellant, v. Norman GUNDEL, et al., Appellees.

District Court of Appeal of Florida, Sixth District.

June 22, 2023.

Attorney(s) appearing for the Case

Joseph H. Lang, Jr. , of Carlton Fields, P.A, Tampa, and Daniel Fleming and J.D. Zarate , of Johnson Pope Bokor Ruppel & Burns, LLP, Tampa, for Appellant.

Clayton T. Osteen , Benjamin B. Bush , Patrick S. Bickford , and Joshua R. Funderburke , of Ausley & McMullen, P.A., Tallahassee, for Amicus Curiae, Florida Home Builders Association.

Lisa A. Magill and Shawn G. Brown , of Kaye Bender Rembaum. P.L., Pompano Beach, for Amicus Curiae, Community Associations Institute.

Kristin A. Norse , Stuart C. Markman , and Brandon K. Breslow , of Kynes, Markman & Felman, P.A., Tampa, and J. Carter Andersen , Bryan D. Hull , and Harold D. Holder , of Bush Ross, P.A., Tampa, for Appellees Norman Gundel, William Mann, and Brenda N. Taylor.

No appearance for Appellee, AV Homes, Inc.

Avatar Properties, Inc., Appellant, created and developed Solivita, a retirement community in Polk County.1 Along with the individual residential parcels, Solivita included commercial parcels, where a bank, a pharmacy, and other businesses were eventually located. As in most planned-unit developments, Avatar...

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