Florida District Courts of Appeal, 1988

Del Rio Village Townhouse Homeowners' Ass'n v. Del Rio Village

Florida District Courts of Appeal · Decided October 12, 1988 · Anstead, Letts, Walden

532 So. 2d 1108; 13 Fla. L. Weekly 2315; 1988 Fla. App. LEXIS 4497; 1988 WL 103918 (Southern Reporter, Second Series)

Opinion of the Court

LETTS, Judge.

This case involves a dispute between a developer and a homeowners association over the liability of the former for assessments. The trial judge entered summary judgment in favor of the developer. We reverse.

We conclude that certain clauses in the declaration are ambiguous. As a consequence, there are genuine issues of material fact to be resolved which preclude the entry of a summary judgment. Holl v. Talcott, 191 So.2d 40 (Fla. 1966).

REVERSED AND REMANDED.

ANSTEAD and WALDEN, JJ., concur.

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