997 So.2d 433 (Fla.App. 2 Dist. 2008), 2D07-639, Civix Sunrise, GC, L.L.C. v. Sunrise Road Maintenance Ass'n, Inc.

Docket Nº:2D07-639.
Citation:997 So.2d 433, 33 Fla. L. Weekly D 2566
Opinion Judge:KELLY, Judge.
Party Name:CIVIX SUNRISE, GC, L.L.C., a Florida limited liability company, Appellant, v. SUNRISE ROAD MAINTENANCE ASSOCIATION, INC., a Florida not-for-profit corporation, Sunrise Golf Club Condominium Association, Inc., a Florida not-for-profit corporation, The Homeowners Association of the Sunrise Golf Club Estates, Inc., a Florida not-for-profit corporation
Attorney:James E. Walson, Shawn G. Rader, and Gregory S. Slemp, of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellant., Thomas D. Shults and Zachary L. Ross of Kirk-Pinkerton, P.A., Sarasota, for Appellees.
Case Date:October 31, 2008
Court:Florida Court of Appeals, Second District
 
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Page 433

997 So.2d 433 (Fla.App. 2 Dist. 2008)

33 Fla. L. Weekly D 2566

CIVIX SUNRISE, GC, L.L.C., a Florida limited liability company, Appellant,

v.

SUNRISE ROAD MAINTENANCE ASSOCIATION, INC., a Florida not-for-profit corporation, Sunrise Golf Club Condominium Association, Inc., a Florida not-for-profit corporation, The Homeowners Association of the Sunrise Golf Club Estates, Inc., a Florida not-for-profit corporation, SVC I, Inc., a Florida not-for-profit corporation, Westwoods at Sunrise Country Club Section 2 Condominium Association, Inc., a Florida not-for-profit corporation, Ronald L. Stonebreaker, individually, and Constance E. Stonebreaker, individually, Appellees.

No. 2D07-639.

Florida Court of Appeal, Second District.

October 31, 2008

Rehearing Denied Jan. 8, 2009.

James E. Walson, Shawn G. Rader, and Gregory S. Slemp, of Lowndes, Drosdick,

Page 434

Doster, Kantor & Reed, P.A., Orlando, for Appellant.

Thomas D. Shults and Zachary L. Ross of Kirk-Pinkerton, P.A., Sarasota, for Appellees.

KELLY, Judge.

Civix Sunrise, GC, L.L.C. (" Civix" ), appeals an amended final judgment and challenges the trial court's award of attorney's fees to the appellees pursuant to an attorney's fee provision in a lease. We agree with Civix that because the appellees were not parties to the lease, they were not entitled to recover attorney's fees under its attorney's fee provision notwithstanding their status as third-party beneficiaries under other provisions of the lease. Accordingly, we reverse.

Civix purchased property that was the subject of a ninety-nine-year lease that was executed in 1972. Among other things, the lease required the lessee to operate a golf course on the property and provided that the lessee would sell a specified number of memberships in any golf or country club to the residents of property adjoining the golf course. In the years after the lease was executed, the adjoining property was developed and the residents formed various homeowner and condominium associations. After Civix bought the property, stopped operating the golf course, and announced its plans to develop the property, those associations sued Civix to prevent it from developing the property.

Those associations, who are the appellees here, asserted a variety of claims against Civix; however, they ultimately prevailed only on their claim for declaratory relief...

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