Lake Charleston Maintenance Assoc., Inc. v. Farrell, 34 Fla. L. Weekly D1565 (Fla. 4th DCA Aug. 5, 2009)

By Brian Willis on August 29, 2009 3:42 PM | Permalink | Comments (0) | TrackBacks (0)

At trial, it was reversible error for court to involuntary dismiss lawsuit following close of Plaintiff's case-in-chief. The Court should have considered parol evidence in determining whether Plaintiff, a Homeowners Association, had established prima facie case of violation of Association's architectural restrictions. The Fourth DCA found that the trial court improperly limited its review to the meeting minutes in determining whether the Association had met its burden of proof. At issue was whether the members of the Association's Design Review Board had been properly appointed.

Fla. R. Civ. Pro. 1.420

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Brian Willis is licensed to practice law in Florida. He is an attorney with Becker & Poliakoff in the firm's Tampa Bay office, which is located at 311 Park Place Blvd., Suite 250, Clearwater, FL 33759.

Jason Baruch is licensed to practice law in Florida. He is an attorney with Trenam Kemker in the firm's Tampa Bay office, which is located at 101 E. Kennedy Boulevard, Suite 2700, Tampa, FL 33602.

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Lake Charleston Maintenance Assoc., Inc. v. Farrell, 34 Fla. L. Weekly D1565 (Fla. 4th DCA Aug. 5, 2009)

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