SAVE GROVE ISLE, LLC
v.
THE CITY OF MIAMI

Fla. 3d DCA | 2022-01-19
No. 20-1548
Florida District Court of Appeal, Third District (2022)

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Synopsis

Save Grove Isle, LLC appealed from an order dismissing its third amended complaint against Grove Isle Associates and The City of Miami. The Third District Court of Appeal affirmed the dismissal with prejudice, finding that SGI's arguments lacked merit.


Holding

The Third District Court of Appeal affirmed the dismissal with prejudice. The court concluded that SGI's arguments were without merit based on de novo review of the record and the extensive litigation history.


Facts & Procedural History

SGI filed a third amended complaint against Grove Isle Associates, LLLP and The City of Miami. The case involved extensive prior litigation history, i…

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Opinion of the Court

Opinion filed January 19, 2022. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D20-1548 Lower Tribunal No. 19-32391 ________________ Save Grove Isle, LLC, et al.,

Appellants,

vs.

The City of Miami, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Michael A. Hanzman, Judge. Law Offices of Alan Goldfarb, P.A., and Alan Goldfarb, and David C. Appleby, for appellants. Victoria Méndez, City Attorney, and John A. Greco, Deputy City Attorney, and Kerri L. McNulty, Senior Appellate Counsel, for appellee The City of Miami; White & Case LLP, and Raoul G. Cantero, and Maria J. Beguiristain; and Shubin & Bass, P.A., and John K. Shubin and Juan J. Farach, for appellee Grove Isle Associates, LLLP. Before LOGUE, SCALES and HENDON, JJ.

ON MOTION FOR CLARIFICATION PER CURIAM.

We grant the Appellee’s motion for clarification, withdraw our previously issued opinion dated December1, 2021, and substitute the following in its place.

Save Grove Isle, LLC, et al. (“SGI”) appeals from an order dismissing with prejudice its third amended complaint against Grove Isle Associates, LLLP and The City of Miami. Based on our de novo review of the record, the extensive litigation history and our prior rulings,1 we conclude SGI’s arguments are without merit and affirm the dismissal with prejudice as to Grove Isle Associates, LLLP and The City of Miami.

Affirmed.

Footnotes
1 Preserve Grove Isle, LLC v. Grove Isle Yacht & Tennis Club, 319 So. 3d 786 (Fla. 3d DCA 2021) (3D20-830, affirming the final judgment approving the Settlement Agreement); see also Grove Isle Ass'n, Inc. v. Grove Isle Associates, LLLP, 137 So. 3d 1081(Fla. 3d DCA 2014).

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