Loxahatchee River Environmental Control Dist. v. Martin County Little Club, Inc., s. 79-2234
| Decision Date | 27 January 1982 |
| Docket Number | 79-2271 and 79-2598,Nos. 79-2234,79-2270,s. 79-2234 |
| Citation | 409 So.2d 135 |
| Parties | LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT, Appellant, v. MARTIN COUNTY LITTLE CLUB, INC., and Hobe Sound National Bank, Appellees. |
| Court | Florida District Court of Appeals |
Kenneth J. Scherer of DeSantis, Cook, Meehan, Cohen, Gaskill & Silverman, P. A., North Palm Beach, for appellant.
Robert S. McDaniel, Jr., of McDaniel & Ball, Sarasota, and William G. McDaniel of McDaniel, Chorey & Taylor, Atlanta, Ga., for appellee, Martin County Little Club, Inc.
John E. Prewitt, and W. Thomas Wackeen, Stuart, for appellee, Hobe Sound Nat. Bank.
This is an appeal from the trial court's entry of a Summary Final Judgment on a crossclaim and a denial of a motion to strike and/or quash crossclaim and motion for summary judgment.
Appellant, Loxahatchee River Environmental Control District (ENCON), and appellee, Martin County Little Club, Inc., (Little Club), entered into an agreement whereby Little Club as developer was allowed to construct an interim sewer and wastewater collection system for a project under development. An amendment to this agreement required Little Club to place in escrow with appellee, Hobe Sound National Bank (Bank), certificates of deposit in the name of ENCON in a face value of $44,000. The certificates of deposit were to be held by the Bank until the interim sewer system was connected to a central sewage system, at which time ENCON was to receive the certificates of deposit. The escrow agreement further provided that if ENCON failed to connect the regional sewage and wastewater system to the developer's system within seven years, Little Club was to receive the certificates.
In the main action, which is not the subject matter of this appeal, damages are sought by ENCON for breach of the agreement. By way of a crossclaim, Little Club sought damages against the Bank based upon the Bank's breach of the escrow agreement which allegedly had obligated the Bank to transfer certificates of deposit to Little Club. ENCON was not named as a party to the crossclaim filed October 12, 1979. On October 17, 1979, Little Club mailed a copy of a motion for summary judgment on its crossclaim against the Bank to ENCON. A hearing on this motion for summary judgment was scheduled before the trial court on the next day, the Bank apparently having waived the twenty-day notice provision of Rule 1.510(c), Florida Rules of Civil Procedure. In its...
To continue reading
Request your trial
-
Fresh Del Monte Produce, N.V. v. Chiquita Intern. Ltd.
...(Fla. 2d DCA 1992); Bermudez v. Bermudez, 421 So.2d 666, 668 (Fla. 3d DCA 1982); Loxahatchee River Environmental Control District v. Martin County Little Club Inc., 409 So.2d 135, 136-37 (Fla. 4th DCA 1982). 3 Chiquita can cure this deficiency either by joining the indispensable parties as ......
-
Spierer v. City of North Miami Beach
...under the contract. That being so, the condominium is an indispensable party. Loxahatchee River Environmental Control District v. Martin County Little Club, Inc., 409 So.2d 135, 137 (Fla. 4th DCA 1982) (in contract litigation, the signatories to the contract are indispensable parties); see ......
-
Little River Transp. v. Oink Oink, LLC
... ... Laker Airways, ... Inc. v. British Airways, PLC , 182 F.3d 843, 847 ... upon, Loxahatchee River Environmental Control District v ... Martin County Little Club, Inc ., is distinguishable ... ...
-
Shenkman v. Wald
...(R. 45), the corporation was an indispensable party to the lawsuit. (Id., citing Loxahatchee River Environmental Control District v. Martin County Little Club, Inc., 409 So.2d 135, 137 (Fla. 4th DCA 1982)). In addition, the court found that "the gravamen of the plaintiffs' cause of action c......