J. GLENNON TRAVIS, APPELLANT,
v.
LOST TREE VILLAGE CORPORATION, A FLORIDA CORPORATION, ET AL., APPELLEES
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Court affirmed denial of temporary injunction against club membership termination, finding intervention premature where the club conceded its statutory obligation to provide notice and hearing under Fla. Stat. § 617.10(2).
A temporary injunction to prevent involuntary termination of club membership is premature when the club has attempted to provide notice and hearing and concedes its statutory obligation to comply with due process requirements.
[1] Notice and opportunity to be heard before termination of membership in a private social club are required by Fla. …
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Join FLexlaw to unlock all legal intelligenceTravis sought a temporary injunction to prevent involuntary termination of his membership in John's Island Club without prior notice and opportunity t…
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HERSEY, Judge.
The non-final order from which this appeal is taken denied appellant’s motion for a temporary injunction to prevent involuntary termination of his membership in the John’s Island Club without affording him prior notice and an opportunity to be heard.
The trial court indicated a disinclination to substitute its judgment for that of the board of directors of the club. The order makes no determination as to the adequacy of the notice and hearing nor even of the necessity for prior notice and hearing. The motion for temporary injunctive relief is simply denied without prejudice to the remaining issues in the lawsuit.
Notice and an opportunity to be heard before membership in a private social club may be terminated are required by Section 617.10(2), Florida Statutes (1979). La Gorce Country Club v. Cerami, 74 So. 2d 95 (Fla. 1954) demonstrates that this section applies to factual situations such as the one presented by this appeal. However, the record discloses that appellee has attempted to provide appellant with an opportunity to be heard. Further, appellee, in its brief, readily concedes the continuing legal obligation to comply with the statute and to afford due process. Under these circumstances intervention by a court in the form of injunctive relief would be premature.
Accordingly, we affirm.
AFFIRMED.
DOWNEY and HURLEY, JJ., concur.