LEON L. MORANT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2011-04-27
No. 1D11-1725
DAVIS, VAN NORTWICK, and CLARK, JJ., concur.
62 So. 3d 667 Florida District Court of Appeal, First District (2011) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied on the merits.

DAVIS, VAN NORTWICK, and CLARK, JJ., concur.


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  • …developer, the association may institute, maintain, settle, or appeal actions ... on behalf of all members concerning matters of common interest to the members....”); see also Homeowner’s Ass’n of Overlook, Inc. v. Seabrooke Homeowners’ Ass’n, Inc., 62 So. 3d 667, 670 (Fla. 2d DCA 2011). This includes improvements for which the association is responsible. See § 720.303(1). The general test for whether a party has breached the implied warranties of fitness and merchantability “is whether the premises meet or…
  • …o resolve a controversy of common interest to all units.” Four Jay’s Const. Inc. v. Marina at Bluffs Condo. Ass’n, Inc., 846 So. 2d 555, 557 (Fla. 4th DCA 2003); see generally Homeowner’s Ass’n of Overlook, Inc. v. Seabrooke Homeowners’ Ass’n, Inc., 62 So. 3d 667 (Fla. 2d DCA 2011). Under the Declaration, the Association is responsible for the operation of the entire condominium. The commercial parcels are part of the condominium. While the commercial parcels are not “common elements,” because they are part…

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