Built Green Corp. v. Environ Condominium II, Association, Inc.
A tax-deed purchaser sued a condominium association for declaratory relief and an accounting; the trial court granted summary judgment for the association and also awarded it $66,704.03 in assessments, interest, and fees even though the association had pleaded only affirmative defenses and never filed a counterclaim. The Fourth DCA affirmed the trial court's decision to proceed with the summary judgment hearing after corporate counsel withdrew (unpreserved and no abuse of discretion given a 20-day window), but reversed the money judgment as relief outside the pleadings.
Key facts
- Built Green Corp., a tax-deed purchaser, sued Environ Condominium II Association for declaratory relief and an accounting regarding an account balance.
- The trial court granted summary judgment for the association and awarded it $66,704.03 in assessments, interest, and fees, despite the association having pleaded only affirmative defenses and never filed a counterclaim.
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Why it matters
The opinion is a clean, citable statement that a defendant who pleads only affirmative defenses cannot walk out of a declaratory judgment action with an affirmative money judgment — useful to any litigator facing relief… — full analysis with a trial
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