Legal Opinion · Dissent

Oceans Four Condominium Ass'n v. Stafford

District Court of Appeal of Florida

Decided June 15, 1989No. 88-246Published

1DissentDaniel, Judge

I dissent.

The majority, through Associate Judge Evans, has, in their first six paragraphs, most ably set out what I perceive to be the factual scenario and ruling of the trial court.

Contrary to the majority, however, there is every basis in both the Florida Statutes and in the Declaration of Condominium to support the findings and final judgment of the trial court.

Chapter 718, known as Florida’s “Condominium Act”, gives statutory recognition to the condominium form of ownership of real property and establishes procedures for the creation, sale, and operation of condominiums. Every condominium…

2Cases cited12 opinions

  1. Excelsior Ins. Co. v. Pomona Park Bar & Package StoreSupreme Court of Florida · 1979
  2. Kaufman v. ShereDistrict Court of Appeal of Florida · 1977
  3. Smith v. MogelvangDistrict Court of Appeal of Florida · 1983
  4. Arthur Rutenberg Corp. v. PasinDistrict Court of Appeal of Florida · 1987
  5. South Florida Beverage Corp. v. FigueredoDistrict Court of Appeal of Florida · 1981

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