Pudlit 2 Joint Venture, LLP v. Westwood Gardens Homeowners Association

The issue presented is whether the trial court’s reliance on a Florida statute rather than the provisions of the homeowners’ association declaration governing the parties in this case unconstitutionally impairs appellant’s right to contract. Because the trial court’s application of the statute impairs appellant’s freedom of contract, we conclude that the court erred in granting summary judgment in favor of appellee and reverse and remand for entry of summary judgment in favor of appellant.

Pudlit 2 Joint Venture, LLP, plaintiff'appellant, appeals the entry of summary judgment and order of…