GOMEZ v. FRADIN, 4D09-1338.
| Decision Date | 11 August 2010 |
| Docket Number | No. 4D09-1338.,4D09-1338. |
| Citation | 41 So.3d 1068 |
| Parties | Jose GOMEZ, Carlos Caro, George Chiodo, Helen T. Cipolla, Paul Farrington, Jr., Winifred Francois, Hilda Glassman, Margarita Guerra, Marcos A. Guzman, Claudia Krysiak, John C. Nuss, Bertha Perskin, Annette Pugliese, Pedro E. Ramirez Sanchez, Peggy Rapp, and William Woodward, Appellants, v. Sidney FRADIN, Herman Weiss, Vera Weller, Alexander Hirsch, and Lakes of Carriage Hills Condominium Association, Inc., Appellees. |
| Court | Florida District Court of Appeals |
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Kenneth J. Kavanaugh of Kenneth J. Kavanaugh, P.A., Sunrise, for appellants.
Jonathan B. Butler and Sandra I. Tart of Fowler White Burnett, P.A., West Palm Beach, for appellees in opposition to the association's motion for summary judgment pertained to the action and meetings held by past board members. Further, the unit owners did not submit any competent record evidence establishing a present, existing violation of the Florida Condominium Act by the current board of directors or that the unit owners lacked an adequate remedy at law or faced irreparable harm if an injunction was not issued. See, e.g., Hiles, 498 So.2d 997 (). Finally, it is difficult to discern how the unit owners' would continue to suffer the "irreparable harm" necessary to obtain injunctive relief in that the association's board of directors had experienced an almost complete turnover in membership since the institution of the instant litigation.
The association/directors met its initial burden of coming forward with evidence in support of its motion for summary judgment. As such, the burden to refute the claims shifted to the unit owners in order to avoid summary judgment. See Landers, 370 So.2d at 370. Since the unit owners counter-evidence failed to do so, the trial court appropriately granted the association/directors' motion for summary judgment as to the unit owners' claim for a permanent injunction.
For similar reasons, we also find that the trial court correctly granted summary judgment in favor of the association/directors as to count VI. This count alleged that the association/directors misallocated Hurricane Wilma insurance proceeds that "belonged" to building five in the twelve building complex. The second amended complaint alleged that the unit owners in building five suffered damages as a result of their potential exposure to future claims by the insurance company because the remitted insurance...
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