MIAMI-DADE WATER AND SEWER AUTHORITY, APPELLANT,
v.
BISCAYA CONDOMINIUM ASSOCIATION, INC., BONAVIDA CONDOMINIUM OWNERS ASSOCIATION, INC., BONA-VISTA CONDOMINIUM ASSOCIATION, INC., BRAVURA CONDOMINIUM ASSOCIATION, INC., ELDORADO TOWERS CONDOMINIUM ASSOCIATION, INC., AND ENSENADA CONDOMINIUM ASSOCIATION, INC., APPELLEES
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This is a dissenting opinion arguing that governmental units should not be virtual insurers of private development construction quality and that liability should not extend to the circumstances presented, even if sovereign immunity is abrogated.
The dissenting judge believes the majority's holding makes governmental units insurers of private construction and that liability does not extend to the presented circumstances, questioning the precedent set by prior supreme court decisions.
The case involves a disagreement on the interpretation of sovereign immunity and its abrogation by statute, specifically in relation to the liability …
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
The partial summary judgment and order dismissing the appellant’s supplemental counterclaim, both of which were incorporated into the final judgment appealed from, are affirmed. The court properly construed the contract between Miami-Dade Water and Sewer Authority and the developer to preclude the Authority from requiring guaranty deposits from the condominium association. Dismissal of the supplemental counterclaim for declaratory judgment was nonprejudicial because it did not assert a compulsory counterclaim and therefore may be the subject of an independent action.
Affirmed.