McCarthy v. Fennessey

By Judge Charles E. Poston

This action is before the Court upon the demurrer of the Defendant, Ocean Breeze Condominium Association, Inc., to Counts III and IV of the Complaint. Having considered the written submissions of counsel, the papers filed in this action, and the argument of counsel, the Court finds that the Plaintiff has pleaded a sufficient cause of action in both Counts III and IV, and that the demurrer should be overruled.

Alleged Facts

Plaintiff, Kelly McCarthy, alleges that she is a unit owner and resident of Ocean Breeze Condominiums (“the Property”). The Defendants in this case…