Flag Flap

By: Associated Press
By: Associated Press

A retired Marine has won another battle in his war against a homeowners association that is trying to take his house because he has a flag pole.

Foreclosure on George Andres' Jupiter home had been scheduled for October 2003. A trial judge delayed the action to give Andres time to appeal to the Fourth District Court of Appeal in West Palm Beach.

That court ruled 3-0 Wednesday in agreeing with Andres and his wife Anna that the Florida Constitution protects homes from forced sales except in very limited circumstances.

A trial judge had scheduled a foreclosure sale to allow the homeowners' association to collect more than $20,000 in legal fees that have been accruing in the case. The appeals court says legal fees aren't a good enough reason to take the Marine's home.

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