HARRY POLLACK AND TOBY POLLACK, HIS WIFE, PETITIONERS,
v.
THREE HORIZONS NORTH CONDOMINIUM, INC., A FLORIDA CORPORATION NOT FOR PROFIT, RESPONDENT

Fla. 3d DCA | 1984-10-23
No. 84-1814
Before SCHWARTZ, C.J., and HUB-BART and FERGUSON, JJ.
457 So. 2d 1152 Florida District Court of Appeal, Third District (1984)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon the holding that the counterclaim properly stated an action for declaratory relief as to the validity of designated bylaws of the condominium association in question, Johnson v. Royal Garden Estates, Inc., 371 So. 2d 577 (Fla. 2d DCA 1979), and that the circuit court, which alone has jurisdiction in such a proceeding, therefore improperly transferred the cause to the county court, the petition for certiorari is granted, Tantillo v. Miliman, 87 So. 2d 413 (Fla.1956); Ross v. Barnett, 436 So. 2d 1040 (Fla. 3d DCA 1983), and the order of transfer under review is quashed.


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