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.