STATE OF FLORIDA, APPELLANT,
v.
MARVIN E. WHITE, APPELLEE
STATE OF FLORIDA, APPELLANT,
MARVIN E. WHITE, APPELLEE
423 So. 2d 619
Florida District Court of Appeal, Second District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This appeal raises the same legal questions considered in State v. Tate, 420 So. 2d 116 (Fla. 2d DCA 1982). Therefore, upon the authority of that case, the order dismissing the information is hereby reversed.
GRIMES, A.C.J., and SCHEB and LE-HAN, JJ., concur.
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S & T Anchorage, Inc. v. Lewis, 575 So. 2d 696 (Fla. 3d DCA 1991)…signment, executed by Scharlin on behalf of the Association, and the Association’s subsequent ratification of the Assignment are invalid because they exceed the Association’s authority and are ultra vires acts. Wenger v. Breakwater Homeowners Ass’n, 423 So. 2d 619 (Fla. 4th DCA 1982); Barnett & Klein Corp. v. President of Palm Beach—A Condominium, Inc., 426 So. 2d 1074 (Fla. 4th DCA 1983), see Lakes of Emerald Hills v. Silverman, 558 So. 2d 442 (Fla. 4th DCA 1990) (association bylaws do not support associatio…
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Barnett & Klein Corp. v. The President OF Palm Beach-A Condo., Inc., 426 So. 2d 1074 (Fla. 4th DCA 1983)…on and effect.” There can be no question but that the rule, by creating two categories of unit owners and treating each differently, contravenes the by-law and, therefore, is ultra vires and invalid. See Wenger v. Breakwater Homeowners’ Association, 423 So. 2d 619 (Fla. 4th DCA 1982); see also White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla.1979) (Disapproving an unequal and arbitrary enforcement of a restriction). Despite its invalidation of the house rule, the trial court declined to award…
Authorities Cited
- State v. Tate, 420 So. 2d 116 (Fla. 2d DCA 1982)