PALM BEACH POLO, INC. AND PALM BEACH POLO HOLDINGS, INC. AND PALM BEACH POLO AND COUNTRY CLUB PROPERTY OWNERS ASSOCIATION, INC., APPELLANTS,
v.
TOM HILL, INDIVIDUALLY, AND AS A MEMBER AND FORMER DIRECTOR OF THE PALM BEACH POLO AND COUNTRY CLUB PROPERTY OWNERS' ASSOCIATION, INC., APPELLEE
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The trial court failed to comply with the appellate court's prior opinion and mandate by invalidating all amendments.
Appellants appealed a final order after a prior appellate decision which had partially invalidated amendments to governing documents. The trial court …
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PER CURIAM.
Palm Beach Polo, Inc., Palm Beach Polo Holdings, Inc., and Palm Beach Polo and Country Club Property Owners Association, Inc. appeal from a final order entered by the trial court after the issuance of our opinion in Hill v. Palm Beach Polo, Inc., 717 So. 2d 1080 (Fla. 4th DCA 1998). Appellants contend that the trial court failed to comply with this court’s opinion and mandate. We reverse and remand.
The Third Amended Complaint, in pertinent part, challenged the 1995 amendments to the governing documents of the Property Owners Association. In our previous opinion, we concluded that the restrictive covenant portions of the amendments were valid, but the affirmative covenants involving payment of assessments were invalid. 717 So. 2d at 1081. We remanded for further proceedings.
The trial court entered an amended final summary judgment in favor of Tom Hill that invalidated all of the 1995 amendments. We agree with appellants that the trial court should have conducted a hearing to determine which of the amendments were monetary provisions and the validity of the remaining affirmative provisions of the amendments.
Accordingly, we reverse and remand for further proceedings.
REVERSED and REMANDED.
DELL, FARMER, and SHAHOOD, JJ., concur.
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Hill v. Palm Beach Polo, Inc., 805 So. 2d 1014 (Fla. 4th DCA 2001)…the amount of the over-assessments made under the invalid monetary provisions of the 1995 amendments to the Property Owners Association (POA) governing documents. This case is before this court for the fourth time. In Palm Beach Polo, Inc. v. Hill, 757 So. 2d 1287 (Fla. 4th DCA 2000) (hereafter Hill III), this court clarified its decision in Hill v. Palm Beach Polo, Inc., 717 So. 2d 1080 (Fla. 4th DCA 1998)(hereafter Hill I), stating “[i]n our previous opinion, we concluded that the restrictive covenant porti…
Authorities Cited
- Hill v. Palm Beach Polo, Inc., 717 So. 2d 1080 (Fla. 4th DCA 1998)