JEAN
v.
ONM DEVELOPMENT
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Summary judgment was properly granted where the former tenant's affidavit did not contradict the property manager's affidavit establishing the developer's loss of control over the condominium property as of December 16, 2009.
[1] Summary judgment is proper when one party's affidavit does not contradict the opposing party's affidavit regarding material facts, leaving no genuine issue of material fa…
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Join FLexlaw to unlock all legal intelligenceA former tenant appealed from summary judgment in a dispute involving control of a condominium development. The property manager submitted an affidavi…
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PER CURIAM.
Because the former tenant’s affidavit does not contradict the Property Manager’s affidavit stating that “the turnover from the Developer of the Condominium to the Condominium Association took place on December 16, 2009” and that, as a result, “[a]s of December 16, 2009, the Developer no longer had control over The Oaks in North Miami, [given that] control was transferred to the Condominium Association,” the trial court properly granted summary judgment as there were no genuine issues of material fact. Morgan v. Cont’l Cas. Co., 382 So. 2d 351, 353 (Fla. 3d DCA 1980).
Affirmed.