Legal Opinion

Coral Lakes Community Ass'n v. Busey Bank, N.A.

District Court of Appeal of Florida

Decided February 19, 2010No. 2D08-5062PublishedCited by 13 opinions

1Opinion of the Court

CASANUEYA, Chief Judge.

Coral Lakes Community Association, Inc. (the “HOA”), appeals a final summary judgment of foreclosure awarded to Busey Bank, N.A. (the “Bank”). The final judgment determined that the Bank had no liability to the HOA for past due HOA assessments that the HOA claimed pursuant to section 720.3085(2), Florida Statutes (2008). The disposition of this case is determined by the HOA’s Declaration of Covenants and Restrictions vis-a-vis the relevant regulatory statutes. As one would expect, these two competing parties possess diametrically opposed legal positions regarding…

2Cases cited10 opinions

  1. Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
  2. Pomponio v. Claridge of Pompano CondominiumSupreme Court of Florida · 1979
  3. Yamaha Parts Distributors Inc. v. EhrmanSupreme Court of Florida · 1975
  4. City of Sanford v. McClellandSupreme Court of Florida · 1935
  5. Greenacre Properties, Inc. v. RaoDistrict Court of Appeal of Florida · 2006

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3Cited by13 opinions

  1. Pudlit 2 Joint Venture, LLP v. Westwood Gardens Homeowners AssociationDistrict Court of Appeal of Florida · 2015
  2. Sears, Roebuck & Co. v. Forbes/Cohen Florida Properties, L.P.District Court of Appeal of Florida · 2017
  3. Citrus Memorial Health Foundation, Inc. v. Citrus County Hospital BoardDistrict Court of Appeal of Florida · 2013
  4. Bay Farms Corp. v. Great American Alliance InsuranceDistrict Court, M.D. Florida · 2011
  5. Ecoventure WGV, Ltd. v. Saint Johns Northwest Residential Ass'nDistrict Court of Appeal of Florida · 2011

8 more not listed; retrieve them via the Exa API.

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