Sexton v. Southfield Subdivision Maintenance & Property Owners' Association, Inc.

District Court of Appeal of Florida

Sexton v. Southfield Subdivision Maintenance & Property Owners' Association, Inc.

219 So. 3d 928, 2017 Fla. App. LEXIS 5309

CourtDistrict Court of Appeal of Florida

DecidedApril 19, 2017

DocketCase 2D16-3567

StatusPublished

This text of 219 So. 3d 928 (Sexton v. Southfield Subdivision Maintenance & Property Owners' Association, 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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Sexton v. Southfield Subdivision Maintenance & Property Owners' Association, Inc., 219 So. 3d 928, 2017 Fla. App. LEXIS 5309 (Fla. Ct. App. 2017).

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Opinion

LUCAS, Judge.

Toni Sexton appeals the entry of a final summary judgment against her and in favor of her homeowners’ association, South-field Subdivision Maintenance and Property Owners’ Association, Inc., which grants injunctive relief and directs Ms. Sexton to maintain her house and lawn in accordance with the association’s various governing documents and recorded restrictions. At the time of the summary judgment motion’s hearing, the court had before it affidavits from both the association and Ms. Sexton. The association’s affidavits mirrored the allegations of its operative complaint, stating that Ms. Sexton’s property was in violation of the recorded restrictions because of the unkempt state of her house’s fascia, “excessively overgrown and unsightly” landscaping, and vehicles parked on Ms, Sexton’s lawn and curb. Ms. Sexton’s affidavit responded that “the items listed as alleged violations in Plaintiffs Second Amended Complaint have been addressed and repaired.”

Although succinct in their respective renderings of the facts, these conflicting affidavits clearly evinced disputed issues about the condition of Ms. Sexton’s property and her compliance with the association’s recorded restrictions. See Dade Cty. Sch. Bd. v. Radio Station WQBA, 731 So.2d 638, 643 (Fla. 1999) (“It is a well- *929 settled principle of Florida jurisprudence that summary judgment should not be granted unless the facts are so clear and undisputed that only questions of law remain.” (citing Moore v. Morris, 475 So.2d 666, 668 (Fla. 1985))); Babul v. Golden Fuel, Inc., 990 So.2d 680, 684 (Fla. 2d DCA 2008) (holding that conflicting affidavits concerning the identity of contracting parties to an ambiguous contract precluded summary judgment); Smith v. Harr, 571 So.2d 575, 577 (Fla. 5th DCA 1990) (observing that an affidavit in opposition to summary judgment motion “need only raise a material issue of fact to survive the motion” (citing Harvey Bldg., Inc. v. Haley, 175 So.2d 780, 782-83 (Fla. 1965))). Thus, Ms. Sexton’s argument that the circuit court improvidently entered summary judgment against her is well taken. 1 Accordingly, we reverse the final judgment of the circuit court and remand this case for further proceedings.

Reversed and remanded.

WALLACE and LaROSE, JJ, Concur.

1

. We find no merit in Ms. Sexton’s remaining arguments on appeal.

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LUCAS, Judge.

Toni Sexton appeals the entry of a final summary judgment against her and in favor of her homeowners’ association, South-field Subdivision Maintenance and Property Owners’ Association, Inc., which grants injunctive relief and directs Ms. Sexton to maintain her house and lawn in accordance with the association’s various governing documents and recorded restrictions. At the time of the summary judgment motion’s hearing, the court had before it affidavits from both the association and Ms. Sexton. The association’s affidavits mirrored the allegations of its operative complaint, stating that Ms. Sexton’s property was in violation of the recorded restrictions because of the unkempt state of her house’s fascia, “excessively overgrown and unsightly” landscaping, and vehicles parked on Ms, Sexton’s lawn and curb. Ms. Sexton’s affidavit responded that “the items listed as alleged violations in Plaintiffs Second Amended Complaint have been addressed and repaired.”

Although succinct in their respective renderings of the facts, these conflicting affidavits clearly evinced disputed issues about the condition of Ms. Sexton’s property and her compliance with the association’s recorded restrictions. See Dade Cty. Sch. Bd. v. Radio Station WQBA, 731 So.2d 638, 643 (Fla. 1999) (“It is a well- *929 settled principle of Florida jurisprudence that summary judgment should not be granted unless the facts are so clear and undisputed that only questions of law remain.” (citing Moore v. Morris, 475 So.2d 666, 668 (Fla. 1985))); Babul v. Golden Fuel, Inc., 990 So.2d 680, 684 (Fla. 2d DCA 2008) (holding that conflicting affidavits concerning the identity of contracting parties to an ambiguous contract precluded summary judgment); Smith v. Harr, 571 So.2d 575, 577 (Fla. 5th DCA 1990) (observing that an affidavit in opposition to summary judgment motion “need only raise a material issue of fact to survive the motion” (citing Harvey Bldg., Inc. v. Haley, 175 So.2d 780, 782-83 (Fla. 1965))). Thus, Ms. Sexton’s argument that the circuit court improvidently entered summary judgment against her is well taken. 1 Accordingly, we reverse the final judgment of the circuit court and remand this case for further proceedings.

Reversed and remanded.

WALLACE and LaROSE, JJ, Concur.

1

. We find no merit in Ms. Sexton’s remaining arguments on appeal.

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219 So. 3d 928, 2017 Fla. App. LEXIS 5309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sexton-v-southfield-subdivision-maintenance-property-owners-fladistctapp-2017.

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