Heritage Bay Property Regime v. Jenkins

Judith Rogers, Judge.

The appellant, Heritage Bay Horizontal Property Regime, hereinafter “Heritage Bay,” appeals the trial court’s decision awarding summary judgment in favor of appellees, Kent and Paula V. Jenkins. On appeal, Heritage Bay contends that the trial court erred in granting appellees’ motion for summary judgment because the facts upon which that motion was predicated did not entitle appellees to judgment as a matter of law. We find that there is a remaining factual issue to be resolved, and reverse.

On May 12, 1987, the appellees purchased a condominium unit in Heritage Bay, which…