Bearden v. Homeowners of Alligator Park, Inc.

District Court of Appeal of Florida

Bearden v. Homeowners of Alligator Park, Inc.

686 So. 2d 2, 1995 Fla. App. LEXIS 13204, 1995 WL 756580

CourtDistrict Court of Appeal of Florida

DecidedDecember 22, 1995

DocketNo. 95-00451

StatusPublished

This text of 686 So. 2d 2 (Bearden v. Homeowners of Alligator Park, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bearden v. Homeowners of Alligator Park, Inc., 686 So. 2d 2, 1995 Fla. App. LEXIS 13204, 1995 WL 756580 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

This appeal presents the question of whether appellants, Ralph H. Bearden, Jr. and Carolyn Bearden, as former owners of Alligator Park, a mobile home park, were [3]*3entitled to recover from appellee, Homeowners of Alligator Park, Inc., costs of improvements to the Park’s sewage facilities as “pass-through charges” pursuant to section 723.003(10), Florida Statutes (1991). Appel-lee is the Park’s homeowners association (and the class representatives of the homeowners) in this action.

The trial court found that appellants were not entitled to recover the disputed costs of improvement to the sewage system as “pass-through charges” pursuant to section 723.003(10) because the improvements were not demonstrated to be governmentally mandated capital improvements as required by the statute.

We find the evidence supports the trial judge’s holding and affirm.

CAMPBELL, A.C.J., and BLUE and QUINCE, JJ., concur.

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PER CURIAM.

This appeal presents the question of whether appellants, Ralph H. Bearden, Jr. and Carolyn Bearden, as former owners of Alligator Park, a mobile home park, were [3]*3entitled to recover from appellee, Homeowners of Alligator Park, Inc., costs of improvements to the Park’s sewage facilities as “pass-through charges” pursuant to section 723.003(10), Florida Statutes (1991). Appel-lee is the Park’s homeowners association (and the class representatives of the homeowners) in this action.

The trial court found that appellants were not entitled to recover the disputed costs of improvement to the sewage system as “pass-through charges” pursuant to section 723.003(10) because the improvements were not demonstrated to be governmentally mandated capital improvements as required by the statute.

We find the evidence supports the trial judge’s holding and affirm.

CAMPBELL, A.C.J., and BLUE and QUINCE, JJ., concur.

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Bluebook (online)

686 So. 2d 2, 1995 Fla. App. LEXIS 13204, 1995 WL 756580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bearden-v-homeowners-of-alligator-park-inc-fladistctapp-1995.