TONI SEXTON, APPELLANT,
v.
SOUTHFIELD SUBDIVISION MAINTENANCE AND PROPERTY OWNERS' ASSOCIATION, INC., APPELLEE
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Toni Sexton appeals a summary judgment entered against her by a homeowners' association seeking to enforce property maintenance restrictions. The appellate court reversed, finding that conflicting affidavits regarding the condition of her property created genuine disputes of material fact that precluded summary judgment.
Summary judgment was improvidently entered because the conflicting affidavits between the association and Ms. Sexton created genuine disputes of material fact regarding the condition of her property and her compliance with the association's recorded restrictions, precluding judgment as a matter of law.
[1] Summary judgment is improper when conflicting affidavits raise disputed issues of material fact regarding compliance with recorded restrictions.
[2] An affidavit in opposition to a summary judgment motion need only raise a material issue of fact to survive the motion.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is a well-settled principle of Florida jurisprudence that summary judgment should not be granted unless the facts are so clear and undisputed that only questions of law remain.”
Establishes the legal standard for summary judgment in Florida, requiring absence of material factual disputes.
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Join FLexlaw to unlock all legal intelligenceToni Sexton's homeowners' association, Southfield Subdivision Maintenance and Property Owners' Association, Inc., filed suit alleging that Ms. Sexton'…
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Toni Sexton appeals the entry of a final summary judgment against her and in favor of her homeowners’ association, South-field Subdivision Maintenance and Property Owners’ Association, Inc., which grants injunctive relief and directs Ms. Sexton to maintain her house and lawn in accordance with the association’s various governing documents and recorded restrictions. At the time of the summary judgment motion’s hearing, the court had before it affidavits from both the association and Ms. Sexton. The association’s affidavits mirrored the allegations of its operative complaint, stating that Ms. Sexton’s property was in violation of the recorded restrictions because of the unkempt state of her house’s fascia, “excessively overgrown and unsightly” landscaping, and vehicles parked on Ms, Sexton’s lawn and curb. Ms. Sexton’s affidavit responded that “the items listed as alleged violations in Plaintiffs Second Amended Complaint have been addressed and repaired.”
Although succinct in their respective renderings of the facts, these conflicting affidavits clearly evinced disputed issues about the condition of Ms. Sexton’s property and her compliance with the association’s recorded restrictions. See Dade Cty. Sch. Bd. v. Radio Station WQBA, 731 So.2d 638, 643 (Fla. 1999) (“It is a well-*929settled principle of Florida jurisprudence that summary judgment should not be granted unless the facts are so clear and undisputed that only questions of law remain.” (citing Moore v. Morris, 475 So.2d 666, 668 (Fla. 1985))); Babul v. Golden Fuel, Inc., 990 So.2d 680, 684 (Fla. 2d DCA 2008) (holding that conflicting affidavits concerning the identity of contracting parties to an ambiguous contract precluded summary judgment); Smith v. Harr, 571 So.2d 575, 577 (Fla. 5th DCA 1990) (observing that an affidavit in opposition to summary judgment motion “need only raise a material issue of fact to survive the motion” (citing Harvey Bldg., Inc. v. Haley, 175 So.2d 780, 782-83 (Fla. 1965))). Thus, Ms. Sexton’s argument that the circuit court improvidently entered summary judgment against her is well taken.1 Accordingly, we reverse the final judgment of the circuit court and remand this case for further proceedings.
Reversed and remanded.
WALLACE and LaROSE, JJ, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)
- Dade Cnty. Sch. Bd. v. Radio Station Wqba, 731 So. 2d 638 (Fla. 1999)
- Holland Paving Co., Inc. v. Dann, 175 So. 2d 780 (Fla. 1965)
- Harvey Bldg., Inc. v. Ocie M. Haley, 175 So. 2d 780 (Fla. 1965)
- Sadruddin Babul and Rahmat Barkat v. Golden Fuel, Inc., 990 So. 2d 680 (Fla. 2d DCA 2008)
- Smith v. Harr, 571 So. 2d 575 (Fla. 5th DCA 1990)