Moonlit Waters Apartments, Inc. v. Cauley, No. 93-3050

CourtCourt of Appeal of Florida (US)
Writing for the CourtSTONE
Citation651 So.2d 1269
Parties20 Fla. L. Weekly D665 MOONLIT WATERS APARTMENTS, INC., a Florida not for profit corporation, Appellant, v. Joseph J. CAULEY, Trustee, Appellee.
Docket NumberNo. 93-3050
Decision Date15 March 1995

Page 1269

651 So.2d 1269
20 Fla. L. Weekly D665
MOONLIT WATERS APARTMENTS, INC., a Florida not for profit
corporation, Appellant,
v.
Joseph J. CAULEY, Trustee, Appellee.
No. 93-3050.
District Court of Appeal of Florida,
Fourth District.
March 15, 1995.

Page 1270

Harvey K. Mattel, Fort Lauderdale, for appellant.

Michael T. Burke of Johnson, Anselmo, Murdoch, Burke & George, Fort Lauderdale, for appellee.

STONE, Judge.

Appellant, the governing association of a cooperative apartment building, appeals a judgment in favor of the defendant-landowner. Appellant contends that section 719.401(1)(f)(1), Florida Statutes, providing for an option to purchase, applies to the underlying 99-year land lease upon which the subject cooperative was constructed. We find it does not and affirm.

The lease, executed in 1964, was between the landowner and the developer. There is no indication that the lease was anything other than an arm's length transaction between unrelated parties. The lease does not include an option for the lessee to purchase the land.

In 1991, Moonlit Waters notified Cauley that it wished to purchase his interest in the lease, pursuant to a recent amendment to section 719.401, Florida Statutes. Section 719.401(6)(a), which has been redesignated as section 719.401(1)(f)1, required that "[a] lease of recreational or other commonly used facilities " entered into before the unit owners receive control of the association include an option to purchase. (Emphasis added) The statute was amended to add the sentence, "This paragraph applies to any contract entered into on, before, or after January 1, 1977, regardless of the duration of the lease." Ch. 88-225, Sec. 3, at 1274, Laws of Fla. Parallel changes were made at the same time to the laws relating to condominiums in chapter 718.

The statute provides for sale at a price determined by agreement or, if there is no agreement, then by arbitration. Moonlit Waters instituted the instant action by petition to compel arbitration. Cauley answered with a two-pronged defense that the statute, as worded, was not applicable to a ground lease underlying the entire project, and that the statute as amended was unconstitutional as impairing the obligation of contracts. Although the trial court found that the statute violated the United States and Florida constitutions, we need not reach that constitutional issue here, as we conclude that the statute is not applicable to an all encompassing underlying land...

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4 practice notes
  • Romero v. Shadywood Villas Homeowners Ass'n, Inc., No. 95-238
    • United States
    • Court of Appeal of Florida (US)
    • June 7, 1995
    ...v. State, 335 So.2d 815, 817 (Fla.1976); Dobbs v. Sea Isle Hot., 56 So.2d 341, 342 (Fla.1952); Moonlit Waters Apartments, Inc. v. Cauley, 651 So.2d 1269, 1270-71 (Fla. 4th DCA 1995); Scope v. Fannelli, 639 So.2d 141, 143 (Fla. 5th DCA 1994); Barry v. Garcia, 573 So.2d 932, 937 (Fla. 3d DCA)......
  • Three Eighty Nine Corp. v. Cohn, Case No. 9:14-CV-81573-ROSENBERG/HOPKINS
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • April 2, 2015
    ...case. Id. at 899. The apartment building was constructed on the leased ground. See id.; Moonlit Waters Apartments, Inc. v. Cauley, 651 So. 2d 1269, 1270 (Fla. Dist. Ct. App. 1995). The lease in Moonlit Waters was executed in 1965, and in 1991 the cooperative apartment informed the lessor th......
  • Moonlit Waters Apartments, Inc. v. Cauley, No. 85489
    • United States
    • United States State Supreme Court of Florida
    • January 25, 1996
    ...Burke & George, Fort Lauderdale, for Respondent. GRIMES, Chief Justice. We have for review Moonlit Waters Apartments, Inc. v. Cauley, 651 So.2d 1269 (Fla. 4th DCA 1995), wherein the district court of appeal certified the following question to be of great public WHETHER SECTION 719.401(1)(f)......
  • Moonlit Waters Apartments, Inc. v. Cauley
    • United States
    • United States State Supreme Court of Florida
    • September 14, 1995
    ...So.2d 343 Moonlit Waters Apartments, Inc. v. Joseph J. Cauley NO. 85,489 Supreme Court of Florida. Sept 14, 1995 Appeal From: 4th DCA, 651 So.2d 1269 Disposition: Rev....
4 cases
  • Romero v. Shadywood Villas Homeowners Ass'n, Inc., No. 95-238
    • United States
    • Court of Appeal of Florida (US)
    • June 7, 1995
    ...v. State, 335 So.2d 815, 817 (Fla.1976); Dobbs v. Sea Isle Hot., 56 So.2d 341, 342 (Fla.1952); Moonlit Waters Apartments, Inc. v. Cauley, 651 So.2d 1269, 1270-71 (Fla. 4th DCA 1995); Scope v. Fannelli, 639 So.2d 141, 143 (Fla. 5th DCA 1994); Barry v. Garcia, 573 So.2d 932, 937 (Fla. 3d DCA)......
  • Three Eighty Nine Corp. v. Cohn, Case No. 9:14-CV-81573-ROSENBERG/HOPKINS
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • April 2, 2015
    ...case. Id. at 899. The apartment building was constructed on the leased ground. See id.; Moonlit Waters Apartments, Inc. v. Cauley, 651 So. 2d 1269, 1270 (Fla. Dist. Ct. App. 1995). The lease in Moonlit Waters was executed in 1965, and in 1991 the cooperative apartment informed the lessor th......
  • Moonlit Waters Apartments, Inc. v. Cauley, No. 85489
    • United States
    • United States State Supreme Court of Florida
    • January 25, 1996
    ...Burke & George, Fort Lauderdale, for Respondent. GRIMES, Chief Justice. We have for review Moonlit Waters Apartments, Inc. v. Cauley, 651 So.2d 1269 (Fla. 4th DCA 1995), wherein the district court of appeal certified the following question to be of great public WHETHER SECTION 719.401(1)(f)......
  • Moonlit Waters Apartments, Inc. v. Cauley
    • United States
    • United States State Supreme Court of Florida
    • September 14, 1995
    ...So.2d 343 Moonlit Waters Apartments, Inc. v. Joseph J. Cauley NO. 85,489 Supreme Court of Florida. Sept 14, 1995 Appeal From: 4th DCA, 651 So.2d 1269 Disposition: Rev....

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