District Court of Appeal of Florida January 12, 2001, No. 5D00-1476 (Hodges v. Marion County)

PALMER, J.

Clarice and James Hodges appeal the final judgment entered by the trial court denying their claim, and granting Marion County’s counterclaim, for declaratory relief. We reverse.

This case was previously before this court for review of an order entering summary judgment in favor of Marion County. Hodges v. Marion County, 730 So.2d 786 (Fla. 5th DCA 1999) (Hodges I).