WOODLANDS GOLF ASSOCIATION, INC., APPELLANT/CROSS-APPELLEE,
v.
MILT FELD AND ANN FELD, HIS WIFE, APPELLEES/CROSS-APPELLANTS
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PER CURIAM.
The defendant/golf club appeals a final judgment for money damages. The case relates to a party’s right to apply for membership in a non-profit, social/golf club by virtue of a recorded agreement and covenant running with land purchased in a residential golf course development. The agreement and covenant gave plaintiffs the right to apply for membership in the golf club. For reasons unnecessary to this decision, the club advised plaintiffs that no memberships were available. After a jury trial, in which conflicting evidence was introduced, a verdict was returned in favor of plaintiffs for damages. The golf club appeals asserting the line of cases dealing with membership disputes in social clubs. See LaGorce Country Club v. Cerami, 74 So. 2d 95 (Fla.1954); and Everglades Protective Syndicate, Inc. v. Makinney, 391 So. 2d 262 (Fla. 4th DCA 1980). These cases are simply inapplicable. This was a suit for breach of a covenant in a written document. It was not a membership dispute in the sense of the above cases. The issues were tried on the basis of conflicting evidence, and reversible error has not been demonstrated. The final judgment below is thus affirmed.
AFFIRMED.
ANSTEAD, BERANEK and HERSEY, JJ., concur.
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Noah v. Noah, 467 So. 2d 426 (Fla. 4th DCA 1985)…discretion to modify the related matters within his original plan for division and support as may be necessary in order to do equity and justice between the parties in view of the changes required by the appellate opinion. See also Brown v. Brown, 429 So. 2d 846 (Fla. 4th DCA 1983); Miller v. Miller, 423 So. 2d 638 (Fla. 4th DCA 1982); Liebler v. Liebler, 413 So. 2d 1246 (Fla. 3d DCA 1982), Peak v. Peak, 411 So. 2d 325 (Fla. 5th DCA 1982); Steinberg v. Steinberg, 407 So. 2d 346 (Fla. 4th DCA 1981).…
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Ward v. Kila B. Ward, 476 So. 2d 1292 (Fla. 4th DCA 1985)…esented no evidence to the contrary. Appellee’s unsupported assertion that appellant may have intended a gift when he placed the title to the condominium in joint names does not defeat appellant’s special equity in this property. In Brown v. Brown, 429 So. 2d 846 (Fla. 4th DCA 1983), this court considered a claim of a special equity which involved a substantially similar fact situation: In Ball v. Ball, 335 So. 2d 5 (Fla.1976), this rule evolved: that a special equity is created by an unrebutted showing, a…
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Shepherd v. Shepherd, 526 So. 2d 95 (Fla. 4th DCA 1987)…condominium he purchased entirely with money he earned before the marriage. Ward differs factually from the instant case in that there the transfer of title apparently took place after the pair married. However, a quote in Ward from Brown v. Brown, 429 So. 2d 846, 847 (Fla. 4th DCA 1983), quoting in turn Ball v. Ball, 335 So. 2d 5, 7 (Fla.1976), states law which seems to apply regardless of the timing of such a title transfer. The key statement is “that a special equity is created by an unrebutted showing ..…
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- The Everglades Protective Syndicate, Inc. v. Makinney, 391 So. 2d 262 (Fla. 4th DCA 1980)
- La Gorce Country Club v. Cerami, 74 So. 2d 95 (Fla. 1954)