Henriquez v. Southbridge Homeowners Ass'n

District Court of Appeal of Florida

Henriquez v. Southbridge Homeowners Ass'n

689 So. 2d 1300, 1997 Fla. App. LEXIS 2793, 1997 WL 134315

CourtDistrict Court of Appeal of Florida

DecidedMarch 26, 1997

DocketNo. 96-2423

StatusPublished

This text of 689 So. 2d 1300 (Henriquez v. Southbridge Homeowners Ass'n) 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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Henriquez v. Southbridge Homeowners Ass'n, 689 So. 2d 1300, 1997 Fla. App. LEXIS 2793, 1997 WL 134315 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

Appellant contends that the trial court erred when it concluded as a matter of law that appellee had no duty under the condominium documents to maintain landscaping items such as the “wood placement” that allegedly caused appellant’s injury. We agree and reverse. Questions of material fact remain as to whether the “wood placement” was located on the common properties as described in Article V of the condominium documents. The trial court erred in concluding as a matter of law that under Article IX, Sections 1 and 2 appellee was not liable as a matter of law. Accordingly, we reverse and remand for further proceedings.

REVERSED and REMANDED.

GUNTHER, C.J., and DELL and POLEN, JJ., concur.

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PER CURIAM.

Appellant contends that the trial court erred when it concluded as a matter of law that appellee had no duty under the condominium documents to maintain landscaping items such as the “wood placement” that allegedly caused appellant’s injury. We agree and reverse. Questions of material fact remain as to whether the “wood placement” was located on the common properties as described in Article V of the condominium documents. The trial court erred in concluding as a matter of law that under Article IX, Sections 1 and 2 appellee was not liable as a matter of law. Accordingly, we reverse and remand for further proceedings.

REVERSED and REMANDED.

GUNTHER, C.J., and DELL and POLEN, JJ., concur.

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Bluebook (online)

689 So. 2d 1300, 1997 Fla. App. LEXIS 2793, 1997 WL 134315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henriquez-v-southbridge-homeowners-assn-fladistctapp-1997.