LAKE
CHARLESTON MAINTENANCE
ASSOCIATION,
INC.,
Plaintiff
v.
COLLEEN
E. FARRELL,
Defendant.
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CASE
NO.: 502006CA03896XXXXMB
DIVISION:
AD
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FINAL
JUDGMENT FOR DEFENDANT AFTER INVOLUNTARY DISMISSAL
THIS
CAUSE came before the Court for a two day non-jury trial held on October
22 and 23, 2007.
The
Plaintiff: Lake Charleston Maintenance Association, Inc. ("LCMA"),
is a
homeowners' association representing the mutual interests of homeowners in a
development in western Lake Worth called "Lake Charleston." The
Defendant, Colleen
Farrell ("Farrell"), is a homeowner in Lake Charleston.
LCMA
alleged that Farrell painted her home without first obtaining approval of
the Development Review Board (DRB"), the subcommittee designated in the
LCMA
Declaration of Covenants to approve architectural modifications to homes, such
as
painting.
LCMA further alleged that Farrell painted her home an unapproved color.
LCMA filed suit seeking an injunction to force Farrell to repaint her
home.
Farrell
alleged in her affirmative defenses that LCMA did not have a properly
constituted DRB and that LCMA was engaged in selective enforcement, as there
are
other homes of similar color in Lake Charleston that the DRB has approved.
At
the conclusion of the Plaintiff's case, the Defendant moved for involuntary
dismissal. The Court considered the testimony of the Plaintiffs witnesses and
the
exhibits introduced into evidence during the Plaintiffs case or by stipulation
of the
parties. The Court finds that even taking the evidence in a light most favorable
to the
Plaintiff, LCMA, it failed to present evidence sufficient to establish a prima
facie case.
Thus,
the Court being fully advised in the premises, it is hereby
ADJUDGED
that the Defendant's motion for involuntary dismissal is
GRANTED, and the Plaintiffs case is involuntarily dismissed in its entirety. The
Defendant shall go hence forth without day. The Defendant, Colleen Farrell, is
the
prevailing party. The Court reserves jurisdiction to enter an appropriate order
regarding
attorney's fees and costs, pursuant to section 720.305(1), Florida Statutes.
DONE
AND ORDERED at
West Palm Beach, Florida this
November,
2007.
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SIGNED
& DATED
JAN.
03 2008
DAVID
E. FRENCH
CIRCUIT
JUDGE
By:
.
Hon.
David E. French
Circuit
Judge |
Counsel
for Plaintiff: John Wynn, Esq., Backer Law Firm, P.A., 400 South Dixie Highway,
Suite 420, Boca
Raton, Florida 33432
Counsel
for Defendant: Steven Meyer, Esq., Steven H. Meyer, P.A., 2295 NW Corporate
Boulevard, Suite 117, Boca Raton, Florida 33431
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