Legal Opinion

PNC Bank, National Ass'n v. Inlet Village Condominium Ass'n

District Court of Appeal of Florida

Decided November 9, 2016No. Nos. 4D15-266, 4D15-3057PublishedCited by 2 opinions

1Opinion of the CourtDamoorgian, J.

PNC Bank, National Association (“PNC Bank”), appeals: (1) the dismissal of its declaratory action against Inlet Village Condominium Association, Inc. (the “Association”) in case 4D15-266; and (2) the summary final judgment entered in favor of 40 N.E. Plantation Road, # 306, LLC (the “LLC”) in case 4D15-3057.1 The central issue in both cases is whether the doctrine of collateral estoppel precludes PNC Bank from seeking entitlement to the safe harbor protection for unpaid assessments contained in section 718.116, Florida Statutes (2016). We reverse in both cases.

Background

In July 2008, PNC…

2Cases cited8 opinions

  1. Zikofsky v. Marketing 10, Inc.District Court of Appeal of Florida · 2005
  2. Jack Aronowitz v. Home Diagnostics, Inc., and Technical Chemicals & Products, Inc.District Court of Appeal of Florida · 2015
  3. Goodman v. ALDRICH & RAMSEY ENTERPRISESDistrict Court of Appeal of Florida · 2002
  4. Holly Lake Ass'n v. FEDERAL NAT. MORTG.Supreme Court of Florida · 1995
  5. Stubbs v. Plantation General Hospital Ltd. PartnershipDistrict Court of Appeal of Florida · 2008

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3Cited by2 opinions

  1. AMANDA HEINE and JHAYLA STREADY v. FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEESDistrict Court of Appeal of Florida · 2023
  2. TIMOTHY D MURPHY v. JOHN J PANKAUSKIDistrict Court of Appeal of Florida · 2023

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