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MARINER CAY PROPERTY OWNERS v. TOPSIDE

No. 97-2811.

714 So.2d 1130 (1998)

MARINER CAY PROPERTY OWNERS ASSOCIATION, INC., a not-for-profit Florida corporation, Appellant, v. TOPSIDE MARINA, INC., a Florida corporation, as successor in interest to Lee A. Ray and Nancy J. Ray, his wife, Martin County, a political subdivision of the State of Florida, Charles F. Kehoe and Phyllis Kehoe, his wife, Appellees.

District Court of Appeal of Florida, Fourth District.

July 15, 1998.

Attorney(s) appearing for the Case

Steven L. Perry of Steven L. Perry, P.A., Stuart, for appellant.

John W. Madden of Jones & Madden, Stuart, for appellee Topside Marina, Inc.

POLEN, Judge.

Mariner Cay Property Owners Association, Inc. ("Mariner Cay"), a homeowner's association, timely appeals from a final order denying its motion to enforce a 1984 settlement agreement against Topside Marina, Inc. ("Topside"), the marina adjacent to Mariner Cay. It argues that the trial court, in denying the motion, erred in finding that the agreement was unambiguous. We agree and reverse.

The 1984 settlement agreement called for the construction...

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