Laganella v. BOCA GROVE GOLF AND TENNIS
Docket: 96-2101
Court: District Court of Appeal of Florida; April 1, 1997; Florida; State Appellate Court
The appeal involves Nicholas A. Laganella, who challenged the dismissal of his complaint against Boca Grove Golf and Tennis Club, Inc. The complaint sought declaratory and injunctive relief and damages due to the Club's smoking ban, which Laganella argued violated the Amended Declaration of Protective Covenants and Restrictions applicable to homeowners in Boca Grove Plantation. The trial court dismissed the complaint with prejudice, citing failure to state a cause of action, referencing Hidden Harbour Estates, Inc. v. Norman, 309 So.2d 180 (Fla. 4th DCA 1975). The appellate court reviewed the dismissal, affirming that all allegations in the complaint must be assumed true for the purpose of evaluating the motion to dismiss. It highlighted that a motion to dismiss for declaratory judgment assesses whether the plaintiff is entitled to a declaration of rights, not the merits of the case. The court determined that the attached Declaration did not negate Laganella's claim for declaratory relief and found the trial court abused its discretion in dismissing that aspect of the complaint. The appellate court reversed the dismissal regarding the declaratory relief and remanded for further proceedings, while affirming the dismissal of the damages claim due to insufficient cause of action. The court noted that the cases cited by Laganella regarding tortious interference and breach of warranty were not relevant as they did not pertain to his allegations. The decision was partially affirmed and partially reversed, with directions for further action consistent with the opinion. Judges Glickstein, Stone, and Warner concurred in the ruling.