Evergreen Communities, Inc. and Palafox, LLC v. Palafox Preserve Homeowners' etc.

Appellants, Evergreen Communities Inc. and Palafox, LLC, challenge a final summary judgment in which the circuit court found that a declaration of covenants and restrictions limits the use of appellants’ land to commercial use. Appellees, who are the Palafox Preserve Homeowners’ Association and individual homeowners Robert and Wynona Braswell, filed a cross-appeal challenging other issues. We affirm the issues on cross-appeal without discussion. However, we reverse the final summary judgment because the record contains disputed issues of material fact that cannot be resolved on summary…