Buckley Towers Condominium, Inc. v. Buchwald
| Decision Date | 07 October 1975 |
| Docket Number | No. 75--201,75--201 |
| Citation | 321 So.2d 628 |
| Parties | BUCKLEY TOWERS CONDOMINIUM, INC., a Florida Corporation, Appellant, v. Herbert BUCHWALD, Trustee, Appellee. |
| Court | Florida District Court of Appeals |
Joseph S. Paglino, Miami, for appellant.
Darrey A. Davis, Miami, for appellee.
Before PEARSON, HENDRY and HAVERFIELD, JJ.
This appeal is taken by Buckley Towers Condominium, Inc. to review the validity of the trial court's order enforcing a court approved settlement agreement between the parties to this litigation.
Buckley Towers Condominium was developed by the appellee herein, Herbert Buchwald, in the late 1960's. During the years 1970 and 1971 the unit owners of Buckley Towers Condominium became dissatisfied with, inter alia, the management contract contained in the declaration of condominium and instituted litigation to divest themselves therefrom. Subsequently, the parties entered into a written settlement agreement which was approved by order of the trial court. Incorporated in this agreement was a provision concerning the 99 year lease of the recreational facilities by the condominium unit owners (hereinafter referred to as the community facilities lease). The community facilities lease was secured by collateral assignment of the rents by special bank deposits. The order approving the settlement agreement expressly provided:
The parties performed all the terms of the settlement agreement until November 19, 1974 when appellant association informed appellee Buchwald that it questioned the legality of the community facilities lease and refused to pay the rent prescribed therein. Thereupon, Buchwald filed the instant motion to compel enforcement of the court approved settlement agreement. Buckley Towers Condominium, Inc. filed a response alleging the lease was illegal, it was in the process of filing a complaint in the U.S. District Court with respect to the illegality of the lease, and the trial court was without jurisdiction in that appellee has not filed a new complaint. After a hearing thereon, the trial judge entered the appealed order which reads in part:
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Naghtin v. Jones By and Through Jones
...it ... Broadband Engineering, Inc. v. Quality RF Services, Inc., 450 So.2d 600 (Fla. 4th DCA 1984), and Buckley Towers Condominium, Inc. v. Buchwald, 321 So.2d 628 (Fla. 3d DCA 1975), appeal dism., 327 So.2d 31 and 330 So.2d 15 (Fla.1976)." Id. He explained: "Those cases, however, involve p......
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Kozel v. Kozel
...respectfully disagree with the former wife that Kinser v. Crum, 823 So. 2d 826 (Fla. 1st DCA 2002), and Buckley Towers Condominium, Inc. v. Buchwald, 321 So. 2d 628 (Fla. 3d DCA 1975), which she says Paulucci approved, support the proposition that provisions similar to those in paragraph 20......
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MCR FUNDING v. CMG Funding Corp., 4D99-1139.
...of dismissal. The court declined on the ground that it lacked jurisdiction. We respectfully disagree. Buckley Towers Condominium, Inc. v. Buchwald, 321 So.2d 628 (Fla. 3d DCA 1975), is directly on point. It holds that "even without an express reservation thereof, jurisdiction inherently rem......
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Farrell v. Republic of Colombia by Superintendent of Banks
...to enforce the subject settlement agreement. Robbie v. City of Miami, 469 So.2d 1384 (Fla.1985); Buckley Towers Condominium, Inc. v. Buchwald, 321 So.2d 628 (Fla. 3d DCA 1975), dismissed, 330 So.2d 15 (Fla.1976); Broadband Eng'r, Inc. v. Quality RF Servs., Inc., 450 So.2d 600 (Fla. 4th DCA ......
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Florida's third species of jurisdiction.
...See also Finkelstein v. North Broward Hospital Dist., 484 So. 2d 1241, 1243 (Fla. 1986); Buckley Towers Condominium, Inc. v. Buchwald, 321 So. 2d 628, 629 (Fla. 3d D.C.A. 1975); Kinser v. Crum, 823 So. 2d 826, 827 (Fla. 1st D.C.A. (18) See Damian v. Damian, 955 So. 2d 1178, 1180 (Fla. 2d D.......