5D05-4340 Stephen Richter v. Beach

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-4340

Case Date: 06/18/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

STEPHEN RICHTER, ET AL., Appellant, v. BEACH WOODS PROPERTY OWNERS ASSOCIATION, INC., Appellee. ________________________________/ Opinion filed June 22, 2007 Appeal from the Circuit Court for Brevard County, John Dean Moxley, Jr., Judge. Clifford R. Repperger, Jr., of Gray Robinson, P.A., Melbourne, for Appellant. Joan H. Bickerstaff of Joan H. Bickerstaff, P.A., Melbourne, for Appellee. Case No. 5D05-4340

PALMER, J. Stephen and Jan Richter appeal the final summary judgment entered by the trial court in favor of Beach Woods Property Owners Association on its claim to foreclose a lien on the Richters' property. In reviewing the summary judgment, our court must consider the evidence contained in the record in the light most favorable to the nonmoving party. Kitchen v. Ebonite Recreation Centers, Inc., 856 So.2d 1083 (Fla. 5th DCA 2003). Here, the affidavits filed by the Richters rebut Beach Woods' contention that no genuine issue of material fact exists. Accordingly, entry of summary judgment

was not proper. Therefore, we reverse the instant summary judgment and remand for further proceedings consistent with this opinion. REVERSED and REMANDED.

THOMPSON and LAWSON, JJ., concur.

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