Ferola v. Blue Reef Holding Corp., Inc.
| Decision Date | 28 October 1998 |
| Docket Number | Nos. 97-3266,97-3268,s. 97-3266 |
| Parties | 23 Fla. L. Weekly D2413 Frank F. FEROLA and Vera Ferola, Appellants, v. BLUE REEF HOLDING CORP., INC., Joseph F. Coyne, individually and as Trustee of Saturn Realty Trust, a Massachusetts Business Trust, Frank L. Viola, Anthony M. Viola, Jaguar Construction Company, Inc., Jupiter Key Association, Inc., Haymarket Cooperative Bank, and The Town of Jupiter, Appellees. |
| Court | Florida District Court of Appeals |
We withdraw our opinion issued September 2, 1998 and substitute the following:
The Ferolas, owners of a lot in a development, filed this lawsuit against the developer, appellee Saturn Realty Trust, and others. The Ferolas alleged that Saturn, as developer, violated the declaration of covenants and restrictions by constructing townhouses on a designated recreation area, failing to provide amenities for the recreation area, and failing to maintain common areas. The Ferolas sought injunctive relief in count I and damages in count II.
The trial court dismissed count I of the Ferolas' complaint with prejudice, concluding that the Ferolas' claim for injunctive relief was a claim for specific performance of a contract, and that the allegations of the complaint demonstrated that the one year statute of limitations period for specific performance barred the action. See § 95.11(5)(a), Fla. Stat. (1995). We agree and affirm the dismissal of count I.
The trial court dismissed count II, seeking damages, on the basis of collateral estoppel. The trial court's application of collateral estoppel was premised on the fact that another lot owner, Blue Reef Holding Corp., had previously filed a lawsuit containing the same allegations. In connection with that action, Blue Reef had entered into a settlement pursuant to which the developer paid a substantial amount of money to Blue Reef. The Ferolas were not parties to that lawsuit. Because identity of parties is one of the elements of collateral estoppel, see Department of Health and Rehabilitative Servs. v. B.J.M., 656 So.2d 906, 910 (Fla.1995), this suit is not barred by that principle.
Nor can we agree with Saturn's argument that the prior lawsuit was a derivative action by the...
To continue reading
Request your trial
-
In re Mercedes Homes, Inc., Case No. 09-11191-PGH, Jointly Administered (Bankr. S.D.Fla. 9/18/2009)
...must make a demand on the Debtors' board of directors as a prerequisite for a derivative suit. Ferola v. Blue Reef Holding Corp., 719 So. 2d 389, 390 (Fla. 4th Dist. Ct. App. 1998) (citing Fla. Stat. § 607.07401(2)); Dutch v. Gordon, 481 So. 2d 1235, 1235 (Fla. 3d Dist. Ct. App. 1985). Unde......
-
In Re Mercedes Homes Inc.
...must make a demand on the Debtors' board of directors as a prerequisite for a derivative suit. Ferola v. Blue Reef Holding Corp., 719 So.2d 389, 390 (Fla. 4th Dist.Ct.App.1998) (citing Fla. Stat. § Dutch v. Gordon, 481 So.2d 1235, 1235 (Fla.3d Dist.Ct.App.1985). Under Florida law, the sole ......
-
Sheoah Highlands, Inc. v. Daugherty
...a contract.... * * * (5) Within one year.— (a) An action for specific performance of a contract. Relying on Ferola v. Blue Reef Holding Corp., Inc., 719 So.2d 389 (Fla. 4th DCA 1998), the Association argues that Daugherty's claim for injunctive relief was substantively a claim for specific ......
-
Fox v. Madsen
...the longer limitations period. The Foxes assert that the situation in this case is nearly identical to that in Ferola v. Blue Reef Holding Corp., 719 So.2d 389 (Fla. 4th DCA 1998). The owners of a lot in a development filed suit against the developer seeking injunctive relief for violations......