By Jan Bergemann
Published 6 - 30 - 2004
It seems that some boards and attorneys are seriously disturbed by the word "TRUCK." Courts have realized already that the phrase "PICK-UP TRUCK" doesn't necessarily mean that they are dealing with a truck in the true meaning of the word. But it still seems that there are boards and attorneys who feel they can test the courts again, in my opinion wasting more good homeowners' money without checking Florida court cases that already dealt with that issue.
In this case, the "guilty party" is a totally perfect -- as good as new -- nice-looking vehicle, that many people would be proud to own.
In my opinion, just another frivolous court case that will eat up lots of money that should be used for the maintenance of the community instead of pitting homeowner against homeowner. My prediction: When the dust settles, the only winners will be the attorneys.
Can't we just get back to using COMMON SENSE?
Case No. 51-2004-CC 1480-WS-U
BERKLEY WOODS OWNERS
WALTER MORISSEY and
COMES NOW Plaintiff, BERKLEY WOODS OWNERS ASSN., INC., and sues Defendants, WALTER MORISSEY and JOANNE MORISSEY, and alleges:
COUNT I - INJUNCTION
I . This is an action for a temporary and permanent injunction to restrict defendants from violating certain deed restrictions, and for an order to take such steps as am necessary to comply with said restrictions.
2. A certain tract of land known as Berkley Woods was platted and subdivided by filing a map and plat thereof in Plat Book 26, Pages 52 through 56, Public Records of Pasco County, Florida, That by the map and plat so recorded, said tract of land was divided into numerous lots.
3. Deed restrictions were recorded in an instrument in Official Records Book 1687 beginning at Page 14, Public Records of Pasco County, Florida.
4. The aforesaid deed restrictions were clarified by an instrument recorded in Official Records Book 1699, beginning at Page 1630, Public Records of Pasco County, Florida.
5. Copies of the pertinent portions of said restrictions are attached as Exhibit “A”,
6. Said restrictions became covenants running with the land.
7. An interest in the real property commonly known as 8546 Ashbury Dr., Hudson,
FL 34667, and more particularly described as:
Lot 6, Berkley Woods, according to the plat thereof as recorded in Plat Book 26,
26 through 56, Public Records of Pasco County, Florida.
acquired by defendants by instruments recorded in Official Records Book 5149,
Page 2, and Official Records Book 5149, Page 3, Public Records of Pasco County,
Defendants are now the owners of said property.
Said property was acquired subject to the aforesaid restrictive
Defendants acquired their interest in said property with actual and/or
constructive knowledge of the existence of said restrictive covenants.
Defendants have been and/or are violating Article IX, Section 9, of the
Plaintiff is a homeowners association as defined in F.S, 720.301(7).
14. The prevailing
party in this litigation is entitled to recover reasonable attorney's fees
pursuant to F.S. 720-305(l), as well as Article X, Section 2, of the aforesaid
Plaintiff will suffer irreparable injury if the injunction is not granted
in that the defendants' continued violation of the aforesaid subdivision
restrictions will destroy the character of the neighborhood and general scheme
Plaintiff is without adequate remedy at law, and believes defendants will
continue to violate the aforesaid deed restrictions unless enjoined.
Plaintiff requests a temporary and permanent injunction enjoining
from violating the aforesaid restrictive covenants as set forth in Paragraph 11
for reasonable attorney
fees and all proper relief.
II – DECLARATORY JUDGMENT
This is an action for a declaratoryjudgment
pursuant to Chapter 86 of the Florida Statutes.
18. Pursuant to Fla.R.Civ.P. 1.130 (b), plaintiff realleges rhetorical paragraphs 2 through 13 of Count I herein above.
20. Plaintiff is interested about its rights under the aforesaid restrictions.
21. There are no other pending proceedings for the relief requested herein.
WHEREFORE Plaintiff requests judgment determining whether defendants are obligated to comply with the aforesaid restrictions, whether defendants have or are violating the aforesaid restrictive covenants as set forth in Paragraph 11 above, and such other relief as is proper.
DONALD R. PEYTON
FL Bar # 516619; SPN 63606
Peyton Law Finn, P.A.
7317 Little Road
New Port Richey, FL 34654
Attorney for Plaintiff