Legal Opinion
Murphy v. Bay Colony Property Owners Ass'n
District Court of Appeal of Florida
Decided July 22, 2009No. 2D08-2246PublishedCited by 11 opinions
1Opinion of the Court
CRENSHAW, Judge.
Janet Murphy appeals the trial court’s order dismissing with prejudice her complaint seeking a declaratory judgment against Bay Colony Property Owners Association (“Bay Colony”). Because the trial court improperly ruled on the final merits of Murphy’s claim, we reverse the trial court’s order and remand for further proceedings.
In January 2003, James Waller entered into a settlement agreement with Bay Colony that permitted Waller to construct a dock on his property. The agreement, which was binding upon the parties’ successors and assigns, placed restrictions on the…
2Cases cited6 opinions
- MEADOWS COMMUNITY ASS'N v. Russell-TuttyDistrict Court of Appeal of Florida · 2006
- Platt v. General Development CorporationDistrict Court of Appeal of Florida · 1960
- X Corp. v. Y PersonDistrict Court of Appeal of Florida · 1993
- Consuegra v. Lloyd's Underwriters at LondonDistrict Court of Appeal of Florida · 2001
- Davidson v. Iona-McGregor Fire Protection and Rescue Dist.District Court of Appeal of Florida · 1996
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Nationwide Mutual Co. v. Ft. Myers Total Rehab Center, Inc.District Court, M.D. Florida · 2009
- Ribaya v. The Board of Trustees of the City Pension Fund for Firefighters and Police Officers in the City of TampaDistrict Court of Appeal of Florida · 2015
- Erick Van Loan v. Heather Hills Property Owners Association, Inc.District Court of Appeal of Florida · 2016
- Angelo's Aggregate Materials, Ltd. v. Pasco CountyDistrict Court of Appeal of Florida · 2013
- Schwab v. HitesDistrict Court, M.D. Florida · 2012
6 more not listed; retrieve them via the Exa API.