124 So. 3d 317
Fla. Dist. Ct. App.2013Background
- Homeowners association (Hernando Beach South Property Owners Ass’n) sued homeowner John Boyle under a restrictive covenant requiring lots to be "kept in a neat, clean and orderly condition."
- Association sought and obtained a mandatory injunction requiring Boyle to trim/maintain landscaping and trees and to clean/remove mold on the house; authorized Association entry and lien if Boyle failed to comply.
- Association moved for summary judgment supported by five officer/director affidavits stating from personal knowledge that Boyle’s landscaping/trees needed trimming and that mold existed on the home.
- Trial court granted summary judgment and entered the injunction; Boyle appealed arguing genuine issues of material fact remained and affidavits were insufficient.
- Appellate court reviewed whether the affidavit-based summary judgment evidence sufficiently eliminated material factual disputes under Florida Rule of Civil Procedure 1.510.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper as to landscaping/trees violation | Association: affidavits show Boyle failed to keep lot "neat, clean and orderly" | Boyle: affidavits merely parrot complaint; lack detail leaves material factual disputes about what is wrong and required remediation | Reversed: genuine issues of material fact exist as to landscaping/trees; summary judgment improper |
| Whether summary judgment was proper as to mold on house | Association: affidavits from five witnesses observe mold; that is a readily observable fact | Boyle: did not submit counter-affidavits or other evidence to create a factual dispute | Affirmed: affidavits established absence of material fact; Boyle failed to refute |
| Burden of proof on summary judgment procedure | Association: met initial burden to show no material fact as to mold (and asserted for landscaping) | Boyle: non-movant must produce contrary summary evidence to defeat motion | Court applied standard: movant bears initial burden; non-movant must then show material factual dispute |
| Remedy scope and enforcement (entry/lien) | Association: seeks authority to enter, cure violations, and place lien if costs unpaid | Boyle: challenged sufficiency and vagueness as to what must be done | Court affirmed injunction re: mold and reversed as to landscaping due to insufficient specificity; lien/enforcement upheld as to affirmed part |
Key Cases Cited
- Gabriel v. Disney Cruise Line, 93 So.3d 1121 (Fla. 5th DCA 2012) (summary judgment review and standards)
- Holl v. Talcott, 191 So.2d 40 (Fla. 1966) (movant’s initial burden on summary judgment)
- Krol v. City of Orlando, 778 So.2d 490 (Fla. 5th DCA 2001) (summary judgment evidence and standard of review)
- Nat’l Airlines v. Fla. Equip. Co. of Miami, 71 So.2d 741 (Fla. 1954) (purpose of summary judgment rule to avoid unnecessary trials)
- Cintron v. Bankers Trust Co., 682 So.2d 616 (Fla. 2d DCA 1996) (partial reversal/affirmance of summary judgment possible)