JUPITER OCEAN v. COURTSIDE PROPERTIES

No. 4D08-3753.

17 So.3d 854 (2009)

JUPITER OCEAN AND RACQUET CLUB CONDOMINIUM ASSOCIATION, INC., Appellant, v. COURTSIDE PROPERTIES OF PALM BEACH, LLC, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 13, 2009.


Attorney(s) appearing for the Case

Robert W. Wilkins of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, and Cari A. Podesta of Cari A. Podesta, P.A., Palm Beach Gardens, for appellant.

Geoffrey L. Jones and Andrew Speranzini of Jeck, Harris, Raynor & Jones, P.A., Juno Beach, for appellee.


MAY, J.

Amidst tennis courts and the ocean, a condominium association appeals a final judgment in favor of its lessee. It argues the trial court erred in finding the association time-barred from cancelling a lease, pursuant to section 718.302, Florida Statutes (1977). On cross-appeal, the lessee argues that a predecessor judge erred in denying its motion for partial summary judgment on the application of section 718.302 to the lease, which was entered into before...

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