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2nd DCAOctober 25, 2024Reversed and Remanded⭐ Notable

Evans v. Gulf Landings Association, Inc.

Case No. 2D2022-3709

A homeowners' 2011 declaratory action over who must maintain a drainage easement ended with an order granting the HOA summary judgment that was never reduced to a final judgment; the case was later dismissed for lack of prosecution. In the HOA's later damages suit, the trial court held the maintenance issue was settled as 'law of the case.' The Second DCA reversed, holding the law of the case doctrine applies only to issues decided on appeal and that collateral estoppel did not apply because the unreduced summary judgment order remained interlocutory and the only final disposition (dismissal for lack of prosecution) was not on the merits.

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