Western Savings & Loan Ass'n v. Robinson

HAIRE, Judge.

Although the pleadings filed in this case presented several claims and counterclaims in the trial court, on this appeal we are only concerned with the plaintiffs’ claim for declaratory judgment relief which was denied without prejudice, and the defendant’s counterclaim for strict foreclosure which the trial court dismissed with prejudice.

Plaintiffs Robinson1 filed their complaint seeking a declaratory judgment that pursuant to certain warranty deeds and “deeds of confirmation” the occupants of described lots owned by plaintiffs had the right to use and enjoy certain golf course…