TB ISLE MARINA/YACHT CLUB, L.P., APPELLANT,

v.

TURNBERRY ISLE CONDO ASSOCIATION AND THE FLORIDA PRITIKIN CENTER, INC., APPELLEES

Fla. 3d DCA | 2010-08-25

Nos. 3D09-1805, 3D09-1804

Before WELLS, SUAREZ, and SALTER, JJ.

43 So. 3d 147 Florida District Court of Appeal, Third District (2010)

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Holding

The court held that the trial court's findings of fact were supported by the record and not clearly erroneous, affirming the order denying dismissal and ordering execution of a license agreement.

Headnotes

[1] A trial court's findings of fact are presumed correct and will not be disturbed on appeal unless clearly erroneous.

[2] A prior appellate affirmation of a final judgment requiring specific performance upon a party's non-compliance binds successor parties and the trial court on remand.

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Facts & Procedural History

Following prior litigation and a final judgment requiring TB Isle to operate certain facilities to a specific standard or deed them to the Condo Assoc…

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Topics

Condominium Declaration Interpretation Enforcement Of Final Judgment Declaration Of Condominium Successor In Interest

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Opinion of the Court

SUAREZ, J.

TB Isle Marina/Yacht Club [“TB Isle”] appeals from an order denying its motion for involuntary dismissal and ordering execution of license agreement and other relief in favor of Turnberry Isle Condominium Association [“Condo Association”]. We affirm, as the trial court’s findings of facts that TB Isle failed to comply -with the 2004 Final Judgment are supported by the record and have not been shown to be clearly erroneous, and the requirement of the execution of the license agreement for failure to comply has previously been affirmed by this court.

After several years of litigation concerning the status and operation of a pool and *148its associated facilities currently owned and operated by TB Isle1 and shared by the Condo Association pursuant to the Declaration of Condominium, the trial court issued a final order in 2003, and Final Judgment in 2004, holding that the facilities were to be operated in accordance with the rules and regulations, and to the same standards as, TB Isle’s other club facilities.2 The trial court ruled that if TB Isle elected not to do this, then it was to deed those facilities to the Condo Association as provided in the Declaration of Condominium.3 The 2004 Final Judgment was affirmed on appeal.4

Following the Mandate, the Condo Association sued to enforce the Final Judgment claiming that TB Isle failed to operate the facilities in the manner required by the Final Judgment. After extensive eviden-tiary hearings, the trial court issued a detailed Order which includes extensive findings of fact and conclusions of law finding that TB Isle failed to operate the facilities in accordance with the Final Judgment and ordered that TB Isle deed the property to the Condo Association as set forth in the Final Judgment. As the trial court’s detailed findings of fact are supported by the record and have not been shown to be clearly erroneous, and as the 2004 Final Judgment requiring TB Isle to deed the property should it not comply with the Final Judgment was previously affirmed on appeal by this Court, we have *149no choice but to affirm the trial court’s ruling.

Affirmed.

. The 2004 Final Judgment states:

Specifically, the Club is required to either (a) continue to pay for all expenses and costs in connection with the operation of the swimming pool facilities and pool deck, which includes the Sunset Café and pool bar, or (b) execute a quit-claim deed of conveyance free of mortgages, transferring title to the swimming pool facilities and pool deck to the Association, such conveyance to include the Sunset Café and pool bar.

b. The operation of the swimming pool facilities includes the operation of the Sunset Café and pool bar, and those facilities must be operated in accordance with the rules and regulations of the Club that apply to all other swimming pool facilities operated by the Club, including those at the Country Club and Ocean Club. The Sunset Café and pool bar shall provide food and beverage service in the same manner as provided at other Club operated facilities.

. The Declaration of Condominium provides, in part, that

[Ujnit owners of the condominium and lessees and/or tenants of unit owners of the condominium, who are not members of Turnberry Isle Club, shall have the perpetual right, authority and privilege to use the swimming pool facilities and pool deck of Turnberry Isle Club subject to the rules and regulations of Turnberry Isle Club. In the event the operation of Turnberry Isle Club is discontinued for any reason whatsoever, the rights of the unit owners of the condominium and lessees and/or tenants of the unit owners of the condominium who have the perpetual right, authority and privilege to use the swimming pool facilities and deck, are subject to the following options vested in the owner of Turnberry Isle Club: (a) The owner of Turnberry Isle Club shall continue to pay for all expenses and costs in connection with the operation of the swimming pool facilities and pool deck, or in the alternative, (b) The owner of Turnberry Isle Club shall execute a quit-claim deed of conveyance, free of mortgages, transferring title to the swimming pool facilities and pool deck to the association, and the association shall be required to accept title thereto;....

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Citator

Authorities Cited

Fla. Pritikin Ctr., Inc. v. Turnberry Isle Condo. Ass'n, Inc., 924 So. 2d 867 (Fla. 3d DCA 2006)

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