SANTA ROSA BBFH, INC.; GEORGE BULL AND MARY T. BULL; AND ATLANTIC BEACH MANAGEMENT, INC., APPELLANTS,
v.
ISLAND ECHOS CONDOMINIUM ASSOCIATION AND MUTUAL FEDERAL SAVINGS AND LOAN ASSOCIATION OF PENSACOLA, APPELLEES; MUTUAL FEDERAL SAYINGS AND LOAN ASSOCIATION OF PENSACOLA, APPELLANT, V. ISLAND ECHOS CONDOMINIUM ASSOCIATION; SANTA ROSA ISLAND BBFH, INC.; GEORGE BULL AND MARY T. BULL; AND ATLANTIC BEACH MANAGEMENT, INC., APPELLEES

Fla. 1st DCA | 1982-08-19
Nos. AG-89, AH-49
BOOTH, SHIVERS and JOANOS, JJ., concur.
421 So. 2d 534 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 4 cases

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Holding

The court affirmed the trial judge's order of summary judgment, finding it proper and sustainable on multiple grounds.


Facts & Procedural History

The trial court entered an order of summary judgment based on its construction of a condominium declaration. The appellate court reviewed this order.…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The order of the trial judge entered August 17, 1981 is affirmed. Rule 1.220(b), Florida Rules of Civil Procedure (1977), republished in 1980 as Rule 1.221.1 The trial court’s entry of summary judgment based on its construction of the declaration is proper and can be sustained on a number of grounds. First, on the record, the equities are with Island Echos Condominium Association. See Welch v. Point of Americas Condominium Apartments, 378 So. 2d 60 (Fla. 4th DCA 1979). Second, any ambiguity in a declaration of condominium is to be construed against the author of the declaration, i.e., the developer. See, Kaufman v. Shere, 347 So. 2d 627 (Fla. 3d DCA 1977).

Our affirmance does not extend to the issue raised by Mutual Federal Savings and Loan Association concerning the validity of its mortgage upon the leasehold interest in Unit 1-G. That issue was not addressed in, nor resolved by, the order of summary judgment and is still pending before the trial court for further consideration.

BOOTH, SHIVERS and JOANOS, JJ., concur. . See, Reibel v. Rolling Green Condominium Association, Inc., 311 So. 2d 156 (Fla. 3d DCA 1977); Avila South Condominium Association, Inc. v. Kappa Corporation, 347 So. 2d 599 (Fla.1977).


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  • …biguity in the declaration of condominium must be construed against the developer who authored the declaration. Enegren v. Marathon Country Club Condo. W Ass’n., 525 So. 2d 488 (Fla. 3d DCA 1988); Santa Rosa BBFH, Inc. v. Island Echos Condo. Ass’n., 421 So. 2d 534 (Fla. 1st DCA 1982), appeal dismissed, 426 So. 2d 28 (Fla.1983). Appellants make the argument that the court improperly referred to the Prospectus in the final judgment, as the lack of ambiguity in the declaration rendered improper the consideration…
  • …3d DCA 1977) (any ambiguity found in rent escalation clause would be construed against developer/lessors as authors of the declaration of condominium), cert. denied, 355 So. 2d 517 (Fla.1978); Santa Rosa BBFH, Inc. v. Island Echos Condominium Ass’n, 421 So. 2d 534 (Fla. 1st DCA 1982) (any ambiguity in a declaration of condominium is to be construed against the author of the declaration), appeal dismissed, 426 So. 2d 28 (Fla.1983). The trial court also declared that appellant’s reliance was not reasonable. As…

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