L'ETOILE HOMEOWNERS ASSOCIATION, INC., APPELLANT,
v.
VICTORIA FRESOLONE AND MARY FRESOLONE, APPELLEES

Fla. 4th DCA | 2006-09-20
No. 4D05-4067
STEVENSON, C.J., and STONE, J., concur.
940 So. 2d 1170 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The L'Etoile Homeowners Association appealed a summary judgment ruling that found the Fresolones did not violate their property's Declaration of Covenants by installing a wall air conditioning unit. The court reversed, holding that material factual disputes existed regarding whether the Fresolones properly obtained approval for the unit.


Holding

The court held that material issues of fact remained regarding whether the 2002 approval constituted re-approval of the original 2000 request (which contained no air conditioning unit) or approval of a new request (which did), precluding summary judgment and requiring the matter to proceed to trial.


Headnotes

[1] Summary judgment is improper when genuine issues of material fact remain, requiring a jury determination.

[2] An appellate court reviews summary judgment orders de novo, examining the record in the light most favorable to the non-moving party.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“Summary judgment should not be granted unless the facts are so clear and undisputed that only questions of law remain.”

Establishes the legal standard for summary judgment, requiring that factual disputes preclude summary judgment relief.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The Fresolones submitted a hand-drawn sketch of a proposed room addition to the Association's Architectural Committee in 2000, which did not show an a…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
POLEN, J.

POLEN, J.

This appeal arises from a final summary judgment entered against appellant L’Etoile Homeowner’s Association (“the Association”), where the trial court found that appellees Victoria and Mary Freso-lone (“the Fresolones”) did not violate the Declaration of Covenants encumbering their property. We reverse, holding that material issues of fact remained.

The standard of review on summary judgment orders is de novo. See The Florida Bar v. Rapoport, 845 So. 2d 874, 877 (Fla.2003).

The Association brought an action for injunctive relief pursuant to the Declaration of Covenants, Restrictions and Easements governing the residences in the L’Etoile at Emerald Pointe Complex against one of its residents, the Freso-lones. The basis of the Association’s lawsuit concerned the installation of a wall air conditioning unit in a room addition which the Association alleged was in violation of the Declaration, and for which no approval for installation allegedly had been given.

Prior to any construction and during the initial planning, the Fresolones forwarded a request for an addition to their home and a hand-drawn sketch of the proposed addition to the Association’s Architectural Committee (“the Committee”). Apparently, this sketch made no reference to the air conditioning unit. Shortly thereafter, the Committee sent the Fresolones a signed “request for architectural modifications” form with the requisite approval. The Fresolones did not immediately begin construction, and in September 2002, two years after receiving initial approval, resubmitted their request to the Committee for city permit purposes. Attached to this second request was an architect’s drawing of the room addition that included a box with the designation “WALL A/C,” where the present unit is located.

On September 25, 2002, Patsy Barnovan (“Barnovan”), the only person on the Committee at the time, sent the original approval with her updated signature to the Fresolones (Barnovan was one of two sig-nees of the original approval). However, nearly eight months later, the Association sent the Fresolones a letter stating that the air conditioning unit must be removed. The Fresolones did not comply.

The Association proceeded to file an action for injunctive relief. The Fresolones responded by filing a motion for summary judgment, which the trial court granted, finding that the Association failed to reject the plans submitted in September 2002 within thirty days (the time limit established in the Declaration of Covenants for rejection of proposed modifications), and that Barnovan acted within her authority in approving the new request.

The standard of review on summary judgment orders is de novo. See Rapoport, 845 So. 2d at 877. “Summary judgment should not be granted unless the facts are so clear and undisputed that only questions of law remain.” Dade County Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638, 643 (Fla.1999). An appellate court reviewing a ruling on summary judgment must examine the record in the light most favorable to the non-moving party. City of Lauderhill v. Rhames, 864 So. 2d 432, 434 n. 1 (Fla. 4th DCA 2003).

We hold that the trial court erred in granting the Fresolones’s motion for summary judgment with respect to approval of the new architect’s drawing. Viewing the evidence most favorably to the Association and drawing every possible inference in its favor, we find that there was a genuine issue of material fact concerning whether the 2002 approval constituted re-approval of the 2000 request, which did not contain a wall air conditioning unit, or approval of a new request, which did. Because the evidence permits different reasonable inferences as to this question, it is an issue of fact for the jury.

Based on the foregoing, we reverse on the issue of approval and remand for further proceedings consistent with this opinion.

STEVENSON, C.J., and STONE, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Funny Cide Ventures, LLC. v. The Miami Herald Publ'g Co., 955 So. 2d 1241 (Fla. 4th DCA 2007)
    …e motion was that the claim was not legally supportable because the defendants did not cause the damages. The trial court granted the motion and entered summary judgment. We review summary judgments de novo. L’Etoile Homeowners Ass’n. v. Fresolone, 940 So. 2d 1170, 1170 (Fla. 4th DCA 2006). The plaintiffs alleged the tort of injurious falsehood. In such actions, the pecuniary loss recoverable is “restricted to that which results directly and immediately from the falsehood’s effect on the conduct of third per…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw