Ladner v. Plaza Del Prado Condominium Ass'n

District Court of Appeal of Florida

Ladner v. Plaza Del Prado Condominium Ass'n

384 So. 2d 50, 1980 Fla. App. LEXIS 16868

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 1980

DocketNo. 80-731

StatusPublished

Cited by1 cases

This text of 384 So. 2d 50 (Ladner v. Plaza Del Prado Condominium 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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Ladner v. Plaza Del Prado Condominium Ass'n, 384 So. 2d 50, 1980 Fla. App. LEXIS 16868 (Fla. Ct. App. 1980).

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Opinion

BASKIN, Judge.

We reverse the decision of the trial court granting the condominium association a temporary mandatory injunction requiring the Ladners to restore the terrace of their apartment to its original condition. Ordering the Ladners to remove their nonconforming, differently colored terrace railings constitutes selective enforcement of the rules contained in the declaration of condominium and the bylaws contrary to White Egret Condominium, Inc. v. Franklin, 379 So.2d 346 (Fla.1979). Furthermore, no irreparable harm to appellee has been shown. Department of Health and Rehabilitative Services v. Artis, 345 So.2d 1109 (Fla. 4th DCA 1977).

Reversed and remanded for further proceedings.

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BASKIN, Judge.

We reverse the decision of the trial court granting the condominium association a temporary mandatory injunction requiring the Ladners to restore the terrace of their apartment to its original condition. Ordering the Ladners to remove their nonconforming, differently colored terrace railings constitutes selective enforcement of the rules contained in the declaration of condominium and the bylaws contrary to White Egret Condominium, Inc. v. Franklin, 379 So.2d 346 (Fla.1979). Furthermore, no irreparable harm to appellee has been shown. Department of Health and Rehabilitative Services v. Artis, 345 So.2d 1109 (Fla. 4th DCA 1977).

Reversed and remanded for further proceedings.

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384 So. 2d 50, 1980 Fla. App. LEXIS 16868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ladner-v-plaza-del-prado-condominium-assn-fladistctapp-1980.

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