THE ATLANTIS BUILDING B CONDOMINIUM ASSOCIATION, INC., APPELLANT,
v.
RAYMOND B. TIMM AND SUZANNE TIMM, HIS WIFE, FREDERICK L. ANDREOLI AND MARY M. ANDREOLI, HIS WIFE, AND JOHN A. SKAWSKI, AND WANDA SKAWSKI, HIS WIFE, APPELLEES

Fla. 4th DCA | 1989-05-31
Nos. 87-2939, 87-2940 and 87-2941
DELL, WALDEN and POLEN, JJ., concur.
543 So. 2d 468 Florida District Court of Appeal, Fourth District (1989)

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Synopsis

The appellate court affirmed the use of a constructive trust to address a condominium association's parking shortage but reversed in part, requiring the trial court to fully adjudicate two unresolved matters.


Holding

The court affirmed the trial court's use of a constructive trust as an equitable remedy for the unique parking problem but reversed in part, remanding for further adjudication of unresolved issues.


Facts & Procedural History

A condominium association sued the developer over a parking shortage, as the planned final phase of the complex, which included additional parking, ha…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Atlantis Building B Condominium Association, Inc. appeals from a summary final judgment which declared an assessment for the purchase of certain real property invalid and ordered appellant to divest itself of any interest in the real property. We affirm on the authority of Towerhouse Condominium, Inc. v. Millman, 475 So. 2d 674 (Fla.1985) and Downey v. Jungle Den Villas Recreation Association, Inc., 525 So. 2d 438 (Fla. 5th DCA 1988).

AFFIRMED.

DELL, WALDEN and POLEN, JJ., concur.


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