MARLOW INVESTMENTS, N.V., A NETHERLANDS ANTILLES CORPORATION, APPELLANT,
v.
S.A.B.T.C. TOWNHOUSE ASSOCIATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, APPELLEE
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Marlow Investments, the original developer of a condominium association, guaranteed a $216,000 loan and sought equitable relief in the form of a mandatory injunction to compel the association to exonerate it from liability by paying the loan. The appellate court affirmed the trial court's denial of the injunction, finding no abuse of discretion despite serious questions about the trial court's factual findings regarding piercing the corporate veil.
The trial court did not abuse its broad discretion in denying the mandatory injunction sought by Marlow. Although the appellate court had grave doubts about whether the corporate veil should have been pierced to attribute the actions of related entities to Marlow, it affirmed because such refusal of equitable relief is rarely reversed and the trial court's determination that the equities favored the defendant was not an abuse of discretion.
[1] A court may refuse to grant a mandatory injunction if the equities of the case do not favor the requesting party.
[2] A trial court's decision to deny equitable relief, such as a mandatory injunction, is reviewed for abuse of discretion.
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Join FLexlaw to unlock all legal intelligence“The courts are seldom reversed for refusing to grant mandatory injunctions.”
Establishes the high deference given to trial court discretion in denying equitable relief
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Join FLexlaw to unlock all legal intelligenceMarlow Investments, N.V., the original developer of the St. Augustine Bath & Tennis Club, pledged collateral and guaranteed a $216,000 loan from Barne…
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SCHWARTZ, Associate Judge.
The plaintiff/appellant, Marlow Investments, N.V., which was the original developer of the St. Augustine Bath & Tennis Club, pledged collateral and guaranteed a $216,000 loan from the Barnett Bank of St. Johns County to the defendant/appellee, S.A.B.T.C. Townhouse Association, Inc., which is composed of homeowners in the development. In this appeal, Marlow seeks review of an adverse judgment in an action primarily seeking equitable relief against the association in the nature of a mandatory injunction to require the association to “exonerate” it from potential liability by paying the loan to the lender. See Hayden v. Thrasher, 18 Fla. 795 (1882); West v. Chasten, 12 Fla. 315 (1868-69); L. Simpson, Simpson on Suretyship § 46 (1950).
The trial court, in a well-considered judgment rendered after an extensive and complex trial, based its ruling essentially on the grounds that (a) Marlow had in effect itself received the proceeds of the loan (and therefore should have to repay it) through the discharge of several obligations supposedly owed by the association to other individuals and corporations with which Mar-low was connected, and (b) Marlow had, again through the actions of these others, damaged the association through various acts of mismanagement and misconduct. Our review of the record leaves us with, at the least, grave doubts as to whether the relationships between Marlow and the entities and individuals in question justified piercing Marlow’s corporate veil by attributing their activities and receipts to it. See Dania Jai-Alai Palace, Inc. v. Sykes, 450 So. 2d 1114 (Fla.1984). Notwithstanding, we do not reverse. This is because we are unable to find, in the light of all the circumstances presented to the trial court, that it abused the broad discretion it possesses on these matters in determining not to grant Marlow the equitable relief it sought.1 See State Road Dept. v. Newhall Drainage District, 54 So. 2d 48 (Fla.1951); McDowell v. Trustees of the Internal Improvement Fund, 90 So. 2d 715 (Fla.1956); Turk v. Hysan Products Co., 149 So. 2d 584 (Fla. 3d DCA 1963); Gasparilla Inn, Inc. v. Sunset Realty Corp., 358 So. 2d 234, 236 (Fla. 2d DCA) (“The courts are seldom reversed for refusing to grant mandatory injunctions.”), cert. denied, 364 So. 2d 893 (Fla.1978); see generally Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Busch v. Baker, 79 Fla. 113, 83 So. 704 (1920).
We deem it appropriate to add that, since this is the sole basis of our affirmance, the judgment below will not have res judicata effect in any subsequent action for damages at law which, if Marlow is required actually to discharge the loan, it may thereupon bring against the association to recover the debt as the lender’s subrogee.2 Kelliher v. Stone & Webster, Inc., 75 F. 2d 331 (5th Cir.1935); Wise v. Quina, 174 So. 2d 590 (Fla. 1st DCA 1965); 32 Fla.Jur.2d Judgments and Decrees § 139 (1981) (“A ruling of the court will not constitute a bar, where an exercise of equitable jurisdiction is involved.”). On this ground and with this qualification, the judgment under review is
AFFIRMED.
ORFINGER and COWART, JJ., concur. . Among other things, the trial court specifically said that "[t]he equities of the case are with the Defendant and against the Plaintiff’ and that “[e]quity ... dictates that the Plaintiff not recover."
. See 28 Fla.Jur.2d Guaranty and Suretyship § 53 (1981).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (11 total)
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Dania Jai-Alai Palace, Inc. v. Sykes, 450 So. 2d 1114 (Fla. 1984)
- Busch v. Baker, 79 Fla. 113 (Fla. 1920)
- Wise v. Ignatius C. Quina and Bertha N. Quina, 174 So. 2d 590 (Fla. 1st DCA 1965)
- Kelliher v. Stone & Webster, Inc., 75 F.2d 331 (5th Cir. 1935)
- State Rd. Dept. v. Newhall Drainage Dist., 54 So.2d 48 (Fla. 1951)
- McDOWELL v. Trs. OF The Internal Improvement Fund OF The State OF Fla., 90 So. 2d 715 (Fla. 1956)
- Hayden v. Barton H. Thrasher, 18 Fla. 795 (Fla. 1882)
- Turk v. Hysan Prods. Co., 149 So. 2d 584 (Fla. 3d DCA 1963)
- Thomas H. and Theophilus West v. Chasten, 12 Fla. 315 (Fla. 1868)