Tortoise Island Homeowner's Ass'n v. Tortoise Island Group Ltd.

KIRKWOOD, L.R., Associate Judge.

Tortoise Island Homeowner’s Association, Inc. (Association) seeks to set aside a declaratory judgment in favor of Tortoise Island Group LTD., et al. (Developer) wherein the trial court failed to rule upon the question presented and reached a decision based upon an issue not in the pleadings or arguments of counsel.

The Developer acquired title to various lands including a barrier island lying in the Banana River in Brevard County, Florida, separated from the mainland by a waterway known as the Grand Canal. This land is a Planned Unit Development (PUD) in…