At trial, it was reversible error for court to involuntary dismiss lawsuit following close of Plaintiff’s case-in-chief. The Court should have considered parol evidence in determining whether Plaintiff, a Homeowners Association, had established prima facie case of violation of Association’s architectural restrictions. The Fourth DCA found that the trial court improperly limited its review to the meeting minutes in determining whether the Association had met its burden of proof. At issue was whether the members of the Association’s Design Review Board had been properly appointed.
Lake Charleston Maintenance Assoc., Inc. v. Farrell, 34 Fla. L. Weekly D1565 (Fla. 4th DCA Aug. 5, 2009)