FAIRHAVEN PROP. v. TAMBERLANE CONDOMINIUM ASS'N

No. 72-561.

280 So.2d 65 (1973)

FAIRHAVEN PROPERTIES, INC., Appellant, v. TAMBERLANE CONDOMINIUM ASSOCIATION, INC., a Non-Profit Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 30, 1973.


Attorney(s) appearing for the Case

Raymond W. Royce of Scott, Burk & Royce, Palm Beach, for appellant.

Daniel H. James of Hamilton, James, Merkle & Young, West Palm Beach, for appellee.


PER CURIAM.

Affirmed.

CROSS and MAGER, JJ., concur.

OWEN, J., dissents with opinion.

OWEN, Judge (dissenting).

This case presents a unique point of law which, on undisputed facts, I feel the trial court decided incorrectly.

The appellant developed a condominium but retained the recreational facilities which it leased to the plaintiff-appellee condominium association for a term of ninety-nine years. The recreational facilities...

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