Feliciano v. Geneva Terrace Estates

Plaintiffs filed declaratory judgment action seeking declaratory judgment that there was no enforceable driveway easement between the vacant lot they purchased and adjoining lot. Court properly granted summary judgment for Plaintiffs, concluding that no driveway easement had been created, as there was no evidence of driveway easement in later filed association declarations, which include extensive description of other easements in planned development but do not mention this specific driveway easement. Court properly granted summary judgment for Defendants on alleged breach of fiduciary duties and indemnification. Plaintiffs failed to present sufficient facts for finding of breach of fiduciary duties or that breach was proximate cause of their damages, and proximate cause could not be shown, as a matter of law.(NEVILLE and PUCINSKI, concurring.)