Prisco v. Forest Villas Condominium Apartments, Inc.
FL · Florida Fourth District Court of Appeal
MIXED · other
What happened
Forest Villas sued to enjoin Prisco's dog under a 1979 pet restriction allowing only fish/birds (with a grandfather for listed dogs). Prisco raised selective enforcement based on openly kept cats and another dog kept under an agreed judgment despite not being grandfathered. The trial court granted the association summary judgment (treating cats as unlike dogs) and later entered final judgment after a limited trial on the Malicoat dog. On April 30, 2003, the Fourth DCA reversed and remanded for trial with the selective-enforcement defense intact.
What the court (or agency) held
VERIFY / REMAND to trial on selective enforcement. Summary judgment for the association enjoining Prisco's dog was reversed. Where the declaration bans all pets except fish/birds (with a grandfather for listed dogs), tolerating cats while targeting a dog is selective enforcement—cats and dogs are equally outside the fish/bird exception. An agreed judgment allowing another owner's non-grandfathered dog likewise supported a selective-enforcement defense. The case was remanded for trial with that defense available; not a final injunction win for Prisco.
Why this matters for members
This result is MIXED — a partial win, not a clean sweep on every claim. Under a broad 'no pets except fish/birds' rule, distinguishing cats from dogs for enforcement is legally weak. Agreed judgments allowing non-grandfathered pets are powerful selective-enforcement comparators.
What the member did
Pleaded selective enforcement with concrete comparators (cats; Malicoat dog via agreed judgment) and obtained reversal of summary judgment.
What did not work
Trial-level summary judgment treating cats as legally distinct from dogs under a 'no pets whatsoever except fish/birds' rule—reversed.
Questions for the board
- Are cats and other non-excepted pets being tolerated while dog restrictions are litigated?
- What agreed judgments or grandfather lists exist for other animals?
- Is enforcement triggered only by neighbor complaints rather than uniform inspection?
Questions for a lawyer
- What comparator affidavits best preserve selective enforcement past summary judgment?
- How should Malicoat-type agreed judgments be used at trial?
- What discovery shows open-and-notorious cat keeping with board knowledge?
Citation
Prisco v. Forest Villas Condominium Apartments, Inc., 847 So. 2d 1012 (Fla. 4th DCA 2003); No. 4D02-1409 (2003-04-30). Florida Fourth District Court of Appeal. Outcome chip: MIXED. Flags: MIXED, remand, VERIFY. Source: https://hallapproved.com/fl/cases/appeals/2003/1702893/
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.