Opinion
Case No. 96-3111
Opinion filed April 1, 1997.
An appeal from the Circuit Court for Okaloosa County. Ben Gordon, Judge.
Timothy W. Shaw, Fort Walton Beach, for appellant.
Joseph D. Lorenz, Fort Walton Beach, for appellee.
Appellant, the owner and holder of a promissory note, challenges a final summary judgment in favor of the appellee, a condominium association. The trial court found that (1) appellant failed to perform a condition precedent, reassigning certain assessment liens, required to bring an action to collect on the note, and (2) the purported release from liability of three individual condominium units released the appellee from liability.
We reverse the summary judgment because the inferences drawn most favorably to appellant suggest that the association did in fact receive the $200,000, it has not paid off the note, and it failed to properly record the assessment liens against the individual unit owners. Genuine issues of fact remain as to why the assessment liens, if there were any, were never recorded and whether the other documents are valid if liens were not recorded.
We further determine that there are factual and legal issues to be resolved concerning the application of sections 718.116(1)(a) and 718.116(9), Florida Statutes, and the legal effect of the release of three condominium units on the entire debt alleged to be owed by the condominium association.
The summary judgment is reversed.
JOANOS, WOLF and VAN NORTWICK, JJ., concur.