Hodges v. Marion County

Clarice and James Hodges appeal the final judgment entered by the trial court denying their claim, and granting Marion County’s counterclaim, for declaratory relief. We reverse.

This case was previously before this court for review of an order entering summary judgment in favor of Marion County. Hodges v. Marion County, 730 So.2d 786 (Fla. 5th DCA 1999) (Hodges I). The underlying facts leading up to the issuance of the initial summary judgment are set forth in Hodges I and will not be repeated here. Suffice it to say, the Hodges and Marion County have continued to litigate over whether, under…