PARK SQUARE 5, LLC
v.
MB DORAL LLC, ET AL.
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An injunction is warranted to require an association to complete repairs to premises when the association has the exclusive duty to make such repairs.
[1] An association has the exclusive duty to make repairs to premises, and an injunction is an appropriate remedy to compel the association to complete such repairs.
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Join FLexlaw to unlock all legal intelligence“once the problem at hand is resolved by appropriate repairs, an injunction should no longer be required”
The court cited Amelio v. Marilyn Pines Unit II Condo. Ass'n, Inc. for the proposition that injunctions compelling repairs should terminate once repairs are completed.
Park Square 5 LLC appealed a non-final order from the Circuit Court for Miami-Dade County in a dispute with MB Doral LLC involving repairs to premises…
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Third District Court of Appeal State of Florida
Opinion filed May 1, 2024. Not final until disposition of timely filed motion for rehearing.
________________
Nos. 3D23-1727; 3D23-1847 Lower Tribunal No. 21-24215 ________________
Park Square 5 LLC, Appellant/Petitioner,
vs.
MB Doral LLC, et al., Appellees/Respondents.
Appeals from a non-final order from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, and Donna M. Krusbe, James M. Kloss and Nicholas Cardamone (West Palm Beach), for appellant/petitioner.
Greenspoon Marder LLP, and Louis
J.
Terminello, for appellee/respondent, MB Doral LLC.
Before LINDSEY, GORDO and LOBREE, JJ.
PER CURIAM.
2
Affirmed. See Amelio v. Marilyn Pines Unit II Condo. Ass’n, Inc., 173 So. 3d 1037, 1041 (Fla. 2d DCA 2015) (holding an injunction was warranted to require an association to complete repairs to the premises because the association “has the exclusive duty to make repairs” and emphasizing that “once the problem at hand is resolved by appropriate repairs, an injunction should no longer be required”).