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Legal Memorandum: Court's Finding of a Novation in FL

Issue: Under Florida law, when will a court find that a novation has occurred?

Area of Law: Business Organizations & Contracts, Litigation & Procedure
Keywords: Novation; Elements; Contract
Jurisdiction: Florida
Cited Cases: 279 So. 2d 4; 566 So. 2d 597; 545 So. 2d 518; 199 So. 760
Cited Statutes: None
Date: 04/01/2009

Although no case law was found defining extraordinary assessments, the plain meaning of “extraordinary” is “going beyond what is usual, regular or customary.”  Webster’s New Collegiate Dictionary 403 (1981).  It is arguable that an extraordinary assessment is one which is not yearly, but an unusual, additional assessment.  Cf. Twin Lakes Vill. Prop. Ass’n v. Crowley, 123 Idaho 132, 857 P.2d 611 (1993) (one-time $4000 assessment by homeowners association for purchase of golf course was “extraordinary assessment” as delineated in bylaws).

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