Hunter v. Solimar Homeowners Ass'n

District Court of Appeal of Florida

Hunter v. Solimar Homeowners Ass'n

615 So. 2d 824, 1993 Fla. App. LEXIS 2883, 1993 WL 74270

CourtDistrict Court of Appeal of Florida

DecidedMarch 17, 1993

DocketNo. 92-0656

StatusPublished

This text of 615 So. 2d 824 (Hunter v. Solimar 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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Hunter v. Solimar Homeowners Ass'n, 615 So. 2d 824, 1993 Fla. App. LEXIS 2883, 1993 WL 74270 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Reversed and remanded for an evidentia-ry hearing. At the commencement of trial, the court struck the affirmative defenses of the appellants and summarily entered judgment for the appellee. While we find no error by the trial court in striking the affirmative defenses of the appellants, we do find error in the trial court’s failing to conduct a trial on the appellee’s claim and the appellants’ responsive pleading denying that appellee was entitled to injunctive relief under the association restrictions in question.

The court erred in concluding at the start of trial that the appellee had proven its case by virtue of the pretrial statements filed. The appellants are entitled to a trial to determine whether, under the circumstances of this particular case, the appellee is entitled to relief.

ANSTEAD and WARNER, JJ., and ' OWEN, WILLIAM C., Jr., Senior Judge, concur.

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PER CURIAM.

Reversed and remanded for an evidentia-ry hearing. At the commencement of trial, the court struck the affirmative defenses of the appellants and summarily entered judgment for the appellee. While we find no error by the trial court in striking the affirmative defenses of the appellants, we do find error in the trial court’s failing to conduct a trial on the appellee’s claim and the appellants’ responsive pleading denying that appellee was entitled to injunctive relief under the association restrictions in question.

The court erred in concluding at the start of trial that the appellee had proven its case by virtue of the pretrial statements filed. The appellants are entitled to a trial to determine whether, under the circumstances of this particular case, the appellee is entitled to relief.

ANSTEAD and WARNER, JJ., and ' OWEN, WILLIAM C., Jr., Senior Judge, concur.

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Bluebook (online)

615 So. 2d 824, 1993 Fla. App. LEXIS 2883, 1993 WL 74270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-solimar-homeowners-assn-fladistctapp-1993.