WILLIAM LADNER AND JUDITH LADNER, HIS WIFE, APPELLANTS,
v.
PLAZA DEL PRADO CONDOMINIUM ASSOCIATION, INC., APPELLEE
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Ladner v. Plaza del Prado Condo. Ass'n, Inc., 423 So. 2d 927 (Fla. 3d DCA 1982)…elective enforcement is the law of the case and is not open to redetermination by the trial court. We will first address the second point on appeal. The case was before this court previously, Ladner v. Plaza Del Prado Condominium Association, Inc., 384 So. 2d 50 (Fla. 3d DCA 1980), to review an order granting the Condominium Association’s motion for preliminary injunction which required appellants to correct the nonconforming condition of their terrace railing. This court reversed the preliminary injunction…1 / 2
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Taylor v. State, 410 So. 2d 1358 (Fla. 1st DCA 1982)…of how weak or improbable his testimony may have been with respect to the circumstances leading up to the battery. Taylor v. State, 301 So. 2d 123 (Fla. 4th DCA 1974); Redondo v. State, 380 So. 2d 1107, 1111 (Fla. 3rd DCA 1980). In Monroe v. State, 384 So. 2d 50 (Fla. 2nd DCA 1980), the court held that when a defendant testified that he did not know the alleged victim of the battery was a police officer he was entitled to a requested instruction on the defense of others. In Ivester v. State, 398 So. 2d 926…
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Polite v. State, 933 So. 2d 587 (Fla. 3d DCA 2006)…d 95, 96 (Fla. 1st DCA 2004); Langston v. State, 789 So. 2d 1024 (Fla. 1st DCA 2001); Jackson v. State, 463 So. 2d 372 (Fla. 5th DCA 1985), review denied, 482 So. 2d 345 (Fla.1986); Fla. Std. Jury Instr. (Crim) 3.6(f), (g); see also Monroe v. State, 384 So. 2d 50 (Fla. 2d DCA 1980). However, the availability of such a defense, which was implicitly rejected by the jury in this case, does not render knowledge an element of the offense itself which must be established by the state. Cf. State v. Espinosa, 686 So…
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- White Egret Condo., Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979)
- State v. Artis, 345 So. 2d 1109 (Fla. 4th DCA 1977)