FRITZ DEMOSTHENES, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Trintec Constr., Inc. v. Countryside Vill. Condo. Ass'n, Inc., 992 So. 2d 277 (Fla. 3d DCA 2008)
  …ion.” Id. at 1112. In this case, Trintec did not name or join the individual unit owners (as Graves had), but rule 1.221 and the Graves decision do not require those procedural steps. Indeed, in Cooley v. Pheasant Run at Rosemont Condominium Ass’n, 781 So. 2d 1182 (Fla. 5th DCA 2001), the Fifth District affirmed a trial court ruling that the unit owners were not proper defendants in a personal injury lawsuit brought against the condominium association for injuries allegedly sustained upon common elements. The…
• Four Jay's Constr., Inc. v. The Marina AT THE Bluffs Condo. Ass'n, Inc., 846 So. 2d 555 (Fla. 4th DCA 2003)
  …ropriate where the controversy was of common interest to all units, i.e., structural improvements to the common elements including balcony additions appurtenant to each unit. We have considered Cooley v. Pheasant Run at Rosemont Condo. Ass’n, Inc., 781 So. 2d 1182 (Fla. 5th DCA 2001), and deem it inapposite. In Cooley, the plaintiff sought damages for an injury while an invited guest upon the common elements of the condominium. In addition to the association, he joined the unit owners individually. Id. at 118…
• Tedeschi v. Surf Side Tower Condo. Ass'n, Inc., 35 So. 3d 915 (Fla. 2d DCA 2010)
  …d be sued as the representative of condominium unit owners in the action to resolve a controversy of common interest to all units — the structural improvements to common elements. Id. at 557; see also Cooley v. Pheasant Run at Rosemont Condo. Ass’n, 781 So. 2d 1182, 1183-84 (Fla. 5th DCA 2001) (holding that, where appellant sued condominium association for injury occurring on common elements, the unit owners had “the right, but not the obligation, to intervene and defend” and that their participation was not u…

Authorities Cited

• Jimenez v. State, 715 So. 2d 1038 (Fla. 3d DCA 1998)