Taylor Creek Village Ass'n, Inc. v. Houghton, 76-1155
| Decision Date | 20 September 1977 |
| Docket Number | No. 76-1155,76-1155 |
| Parties | TAYLOR CREEK VILLAGE ASSOCIATION, INC., a Florida Corporation, Appellant, v. Leslie HOUGHTON et al., Appellees. |
| Court | Florida District Court of Appeals |
Joe N. Unger, Miami, for appellant.
Horan & Finley and David Paul Horan, Key West, for appellees.
Before HENDRY, C. J., and PEARSON and HUBBART, JJ.
Appellant, defendant-counter-plaintiff below, appeals from a final judgment rendered in favor of appellees, plaintiffs-counter-defendants below.
Appellees' amended complaint for declaratory judgment and injunctive relief sought declaratory relief concerning the applicability of a certain declaration of restrictions placed upon certain mobile homesites by the original developer of the tract, Key Largo Mobile Homesites, Inc. Appellees also sought a permanent injunction requiring appellant to remove all liens placed by it on appellees' property for failure to comply with the provisions of the declaration of restrictions, which required both membership in, and payment of dues to an association composed of the purchasers of the subdivision lots.
Appellant counterclaimed, asking the court to determine whether it had the right to continue to enforce the declaration of restrictions and whether it could enforce liens placed upon appellees' lots for non-payment of association dues and services.
In a lengthy final judgment containing findings of fact, the learned chancellor ruled, inter alia, that the restrictions were not applicable to appellees' property under the exhibits and testimony presented to the court and discharged the liens placed on said property. The court also ordered that appellees were not required to pay dues for certain recreational and common areas. The applicable findings of fact are as follows:
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Gergora v. Flynn
...with a presumption of correctness, Friedman v. U.S. Home Corp., 452 So.2d 1111 (Fla. 2d DCA 1984); Taylor Creek Village Association v. Houghton, 349 So.2d 1219 (Fla. 3d DCA 1977), and will not be disturbed on appeal absent a showing that the findings are clearly erroneous or constitute an a......
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Ronlee, Inc. v. Arvida Corp.
...is a presumption of the correctness of the trial court's findings of fact and conclusions of law. E.g., Taylor Creek Village Association v. Houghton, 349 So.2d 1219 (Fla. 3d DCA 1977). It is appellant's duty to show reversible error clearly on the record, and if appellant fails to meet this......
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Madick Developers, Inc. v. Heritage Corp. of South Florida
...court's resolution of the conflict by which the court determined that Heritage had earned a fee. See Taylor Creek Village Association v. Houghton, 349 So.2d 1219 (Fla. 3d DCA 1977); Fountainhead Motel, Inc. v. Massey, 336 So.2d 397 (Fla. 3d DCA 1976), cert. denied, 344 So.2d 324 We reach a ......
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Theriault v. Theriault, 96-03063
...in regard to witness credibility, will not be disturbed unless they are shown to be clearly erroneous. Taylor Creek Village Ass'n, Inc. v. Houghton, 349 So.2d 1219 (Fla. 3d DCA 1977). See also Seijas v. Seijas, 557 So.2d 102 (Fla. 3d DCA 1990). In this case, although someone else may have r......