CASABLANCA CONDOMINIUM ASSOCIATION OF MIAMI BEACH, INC., A FLORIDA NOT FOR PROFIT CORPORATION, APPELLANT,
v.
CRESCENT HEIGHTS XLII, INC., A FLORIDA CORPORATION; MORRIS ROSS, ARCHITECT, P.A.; MORRIS ROSS, INDIVIDUALLY; SONNY KAHN; RUSSELL W. GALBUT; SHLOMO DACHOH; AND CRESCENT HEIGHTS INVESTMENTS, INC., A FLORIDA CORPORATION, APPELLEES
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The appellate court reversed the trial court's grant of summary judgment for a condominium association, finding that the trial court erred in enjoining a unit owner from keeping a dog and in finding no selective enforcement of the pet restriction.
The appellate court held that the trial court erred in granting summary judgment for the condominium association on both the injunction and the selective enforcement issues, reversing and remanding for trial.
A condominium owner was enjoined from keeping a dog in violation of association rules. The owner argued selective enforcement, noting other residents …
The full statement of facts, procedural history, and disposition for this case are member content.
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SHEVIN, Judge.
Casablanca Condominium Association of Miami Beach, Inc.,- appeals an order setting aside a settlement agreement. We reverse and remand for an evidentiary hearing. Contrary to the trial court’s ruling, the settlement agreement is a valid and enforceable agreement. ‘Where the parties have agreed to the essential terms of a settlement, it will be enforced.” State Farm Mut. Auto. Ins. Co. v. InterAmerican Car Rental, Inc., 781 So. 2d 500, 502 (Fla. 3d DCA), review denied, 804 So. 2d 329 (Fla.2001); KCG, Inc. v. Rosen, 730 So. 2d 807 (Fla. 3d DCA 1999). The par ties do not dispute the agreement’s validity, and the appellees concede that the court improperly set aside the agreement sua sponte. On remand, the trial court shall conduct an evidentiary hearing to resolve the repair issue and to determine which parties, if any, have fulfilled their agreement obligations and are entitled to a release.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State Farm Mut. Auto. Ins. Co. v. Interamerican CAR Rental, Inc., 781 So. 2d 500 (Fla. 3d DCA 2001)
- KCG, Inc. v. Drew Rosen, 730 So. 2d 807 (Fla. 3d DCA 1999)
- State v. Baez, 730 So. 2d 807 (Fla. 4th DCA 1999)