TERRENCE E. ROSENBERG AND TERCO PROPERTIES OF MIAMI BEACH, INC., APPELLANTS,
v.
SAM BAKERMAN, AS TRUSTEE AND EDMUND MARGIEWICZ AND ELEANOR MARGIEWICZ, HIS WIFE, AND VIOLET FRIEDMAN, APPELLEES
TERRENCE E. ROSENBERG AND TERCO PROPERTIES OF MIAMI BEACH, INC., APPELLANTS,
SAM BAKERMAN, AS TRUSTEE AND EDMUND MARGIEWICZ AND ELEANOR MARGIEWICZ, HIS WIFE, AND VIOLET FRIEDMAN, APPELLEES
481 So. 2d 29
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
Based upon appellees’ failure to name and serve the titleholder of the subject property in their mortgage foreclosure action, we reverse. Hubbard v. Highland Realty & Investment Co., 115 Fla. 834, 156 So. 322 (1934); Community Federal Savings & Loan Association v. Wright, 452 So. 2d 638 (Fla. 4th DCA 1984); Davanzo v. Resolute Insurance Co., 346 So. 2d 1227 (Fla. 3d DCA 1977); Chapman v. L & N Grove, Inc., 265 So. 2d 725 (Fla. 2d DCA 1972).
Reversed and remanded for further proceedings consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brickell BAY Club Condo. Ass'n, Inc. v. Hernstadt, 512 So. 2d 994 (Fla. 3d DCA 1987)…e Association. Schmeck v. Sea Oats Condo. Ass’n, Inc., 441 So. 2d 1092 (Fla. 5th DCA 1983); Ladner v. Plaza Del Prado Condominium Ass’n., 423 So. 2d 927 (Fla. 3d 1982); Chattel Shipping and Investment, Inc. v. Brickell Place Condominium Ass’n, Inc., 481 So. 2d 29 (Fla. 3d DCA 1985); Constellation Condominium Ass’n. v. Harrington, 467 So. 2d 378 (Fla. 2d DCA 1985). In Fountains of Palm Beach Condominium, Inc. No. 5 v. Farkas, supra, the court rejected the same argument presented here that the failure of the A…
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Shields v. Andros Isle Prop. Owners Ass'n, Inc., 872 So. 2d 1003 (Fla. 4th DCA 2004)…ing signs; and 3) the new board sent only 11 violation notices to homeowners. “When selective enforcement is demonstrated, the association is ‘estopped’ from applying a given regulation.” Chattel Shipping & Inv., Inc. v. Brickell Place Condo. Ass’n, 481 So. 2d 29, 30 (Fla. 3d DCA 1985) (citing White Egret Condo., Inc. v. Franklin, 379 So. 2d 346, 352 (Fla.1979)). Viewing all inferences in favor of the homeowner, the association failed to conclusively show the absence of genuine issues of material fact on th…
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Ests. OF Fort Lauderdale Prop. Owners' Ass'n, Inc. v. Kalet, 492 So. 2d 1340 (Fla. 4th DCA 1986)…onal elements of estoppel. In particular, I would have required a showing of detrimental reliance by the petitioners on the actions or representations of the association, see Chattel Shipping and Investment, Inc. v. Brickell Place Condominium Ass’n, 481 So. 2d 29 (Fla. 3d DCA 1985). At trial, the petitioners did put forth evidence of the failure of the association to enforce the restriction against other similarly situated unit owners with children. However, the petitioners never claimed that they relied upo…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vito Davanzo v. Resolute Ins. Co., 346 So. 2d 1227 (Fla. 3d DCA 1977)
- Cmty. Fed. Sav. & Loan Ass'n of the Palm Beaches v. Wright, 452 So. 2d 638 (Fla. 4th DCA 1984)
- Hubbard v. Highland Realty & Inv. Co., 115 Fla. 834 (Fla. 1934)
- Chapman v. L & N Grove, Inc., 265 So. 2d 725 (Fla. 2d DCA 1972)