THOMAS ANDERSON AND GLENDA ANDERSON, HIS WIFE, APPELLANTS,
v.
ROSETREE VILLAGE ASSOCIATION, INC., APPELLEE
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The court held that summary judgment was improper because the homeowners' association failed to factually controvert or establish the legal insufficiency of the homeowners' defense of discriminatory enforcement.
Appellants installed an air conditioning unit on their townhouse roof, which was disapproved by the Architectural Committee. The homeowner's associati…
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LEHAN, Acting Chief Judge.
This is an appeal from a final summary judgment ordering that appellants remove an air conditioning unit from the roof of their townhouse as required by the homeowner’s association of which they are members. That requirement was pursuant to restrictions which prohibit the erection of an exterior addition, or change or alteration to the exterior of a home, without the approval of an Architectural Committee appointed by the Board of Directors of the association. The placement of the air conditioning unit had been disapproved by that committee. We reverse.
As an affirmative defense appellants alleged that the enforcement of the restrictions with regard to their air conditioning unit was discriminatory, arbitrary and capricious. Their affidavit in opposition to the association’s motion for summary judgment can be taken to support that defense. Cf. Kies v. Hollub, 450 So. 2d 251 (Fla. 3d DCA 1984).
Because the association did not controvert the defense factually or establish its legal insufficiency, the summary judgment must be reversed. Howdeshell v. First National Bank of Clearwater, 369 So. 2d 432, 433 (Fla. 2d DCA 1979). “[I]f the record raises even the slightest doubt that an issue [of material fact] might exist,” summary judgment is improper. Dettloff v. Abraham Chevrolet, Inc., 534 So. 2d 745, 747 (Fla. 2d DCA 1988) (quoting Snyder v. Cheezem Development Corp., 373 So. 2d 719, 720 (Fla. 2d DCA 1979)).
Reversed and remanded for proceedings not inconsistent herewith.
FRANK and PARKER, JJ., concur.
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Alexander v. Morton, 595 So. 2d 1015 (Fla. 2d DCA 1992)…ufficient to establish that relationship. In the case at hand, however, several of the Restatement factors create a doubt that there is a fact question as to the existence of an employer-employee relationship. See Anderson v. Rosetree Village Ass’n, 540 So. 2d 173, 174 (Fla. 2d DCA 1989) (“ ‘if the record raises even the slightest doubt that an issue [of material fact] might exist,’ summary judgment is improper”) (quoting Snyder v. Cheezem Dev. Corp., 373 So. 2d 719, 720 (Fla. 2d DCA 1979)). We now discuss a…
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Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Watkins DRY Wall, Inc. v. Drummond Court Corp., 373 So. 2d 719 (Fla. 3d DCA 1979)
- Snyder v. Cheezem Dev. Corp., 373 So. 2d 719 (Fla. 2d DCA 1979)
- State v. Boyd, 369 So. 2d 432 (Fla. 2d DCA 1979)
- Moore v. G.M.B. Corp., 450 So. 2d 251 (Fla. 3d DCA 1984)
- Kies v. Hollub, 450 So. 2d 251 (Fla. 3d DCA 1984)
- Kotcherha v. State, 534 So. 2d 745 (Fla. 4th DCA 1988)