Jean v. Onm Development ( 2018 )


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  •        Third District Court of Appeal
    State of Florida
    Opinion filed October 31, 2018.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D17-1063
    Lower Tribunal No. 15-25837
    ________________
    Huguette Jean, etc.,
    Appellant,
    vs.
    Onm Development, LLC, etc., et al.,
    Appellees.
    An Appeal from the Circuit Court for Miami-Dade County, Samantha Ruiz-
    Cohen, Judge.
    The Purnell Law Firm, P.A., and Angelia Baldwin Purnell (Fort
    Lauderdale), for appellant.
    Mintzer Sarowitz Zeris Ledva & Meyers LLP, and Allison C. Heim
    (Tampa), for appellee ONM Development, LLC.
    Before LAGOA, SALTER, and LOGUE, JJ.
    PER CURIAM.
    Because the former tenant’s affidavit does not contradict the Property
    Manager’s affidavit stating that “the turnover from the Developer of the
    Condominium to the Condominium Association took place on December 16,
    2009” and that, as a result, “[a]s of December 16, 2009, the Developer no longer
    had control over The Oaks in North Miami, [given that] control was transferred to
    the Condominium Association,” the trial court properly granted summary
    judgment as there were no genuine issues of material fact. Morgan v. Cont’l Cas.
    Co., 
    382 So. 2d 351
    , 353 (Fla. 3d DCA 1980).
    Affirmed.
    2
    

Document Info

Docket Number: 17-1063

Filed Date: 10/31/2018

Precedential Status: Precedential

Modified Date: 10/31/2018