Amelio v. Marilyn Pines Unit II Condo. Ass'n, Inc.
Jul 15, 2015OUTCOME: Appellate court reversed and remanded for entry of mandatory injunction.
Plaintiffs owned a condominium unit that had a moisture problem in the floor. The association failed to remedy the problem, so the owners sued for mandatory injunction to force the association to remed ... y the problem and for damages sustained during the time the moisture problem was not addressed. At a bifurcated trial on the injunction claim, the trial court ruled against the owners, holding that they had failed to show an inadequate remedy at law. On appeal, the trial court was reversed and remanded with directions to enter a mandatory injunction. After the trial court entered the mandatory injunction, the remainder of the case settled.
