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Munao, Munao, Munao v. H. Assn

District Court of Appeal of Florida, Fourth District
Mar 15, 2000
752 So. 2d 1272 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D98-2447.

Opinion filed March 15, 2000.

Appeal of a non-final order from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Rupert Smith, Judge; L.T. No. 94-1361-CA-17.

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, and J. Allen Bobo of Lutz, Webb, Partridge Bobo, Sarasota, for appellants.

Basil E. Dalack, West Palm Beach, and Clark, Kranz Hernandez, Stuart, for appellee.


We affirm the trial court's order directing appellant to maintain the air conditioning at a constant seventy-five degrees. The trial court had continuing jurisdiction to enforce its final judgment and acted in response to the appellant's failure to comply in good faith with the provisions of the judgment concerning the operation of the air conditioning in certain common areas of the mobile home park.

Furthermore, the trial court did not err in failing to limit the duration of the enforcement order. Appellant's reliance on Abbey Park Homeowners Ass'n v. Bowen, 508 So.2d 554 (Fla. 4th DCA 1987), is misplaced. The essence of the order in this case is to prohibit the appellant from varying the temperature. See Indian Trail Homeowners Ass'n, Inc. v. Roberts, 577 So.2d 998 (Fla. 4th DCA 1991); see also Goodell v. Goodell, 421 So.2d 736 (Fla. 4th DCA 1982); Jackson Grain Co. v. Lee, 150 Fla. 232, 7 So.2d 143 (1942).

AFFIRMED.

DELL, STEVENSON and HAZOURI, JJ., concur.


Summaries of

Munao, Munao, Munao v. H. Assn

District Court of Appeal of Florida, Fourth District
Mar 15, 2000
752 So. 2d 1272 (Fla. Dist. Ct. App. 2000)
Case details for

Munao, Munao, Munao v. H. Assn

Case Details

Full title:MUNAO, MUNAO, MUNAO and MUNAO d/b/a LA BUONA VITA MOBILE HOME PARK…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 15, 2000

Citations

752 So. 2d 1272 (Fla. Dist. Ct. App. 2000)