Parliament Towers Condominium v. Parliament House Realty, Inc., s. 78-247
| Decision Date | 24 October 1979 |
| Docket Number | Nos. 78-247,78-772,s. 78-247 |
| Citation | 377 So.2d 976 |
| Parties | PARLIAMENT TOWERS CONDOMINIUM, Appellant, v. PARLIAMENT HOUSE REALTY, INC., et al., Appellees. |
| Court | Florida District Court of Appeals |
Morris C. Tucker and Henry J. Prominski, of Tucker & Prominski, P. A., Fort Lauderdale, for appellant.
Maurice M. Garcia of Abrams, Anton, Robbins, Resnick, Schneider & Mager, P. A., Hollywood, for appellee, Parliament House Realty, Inc.
Jeanne Heyward, and Knight, Peters, Pickle, Niemoeller & Flynn, Miami, for appellee, Richard C. Reilly.
GEIGER, DWIGHT L. Associate Judge.
Appellant, a condominium association, filed suit on behalf of its tenant owners. Named as defendants were Parliament House Realty, Inc., alleged to be a dissolved Florida corporation; Louis Bianculli, Bernard Scheinholz, and Arthur Scheinholz, individually and as the last named board of directors of the corporation; and architect Richard C. Reilly. The five count fourth amended complaint contained the following:
(1) Count I: action for specific performance to compel Appellees to convey title to a condominium unit and furnishings therein.
(2) Count II: action for specific performance to compel conveyance of personalty by bill of sale.
(3) Count III: action for damages for breach of implied warranty seeking judgment against the corporation which built the condominium and Messrs. Scheinholz, Scheinholz, and Bianculli as trustees of the allegedly dissolved corporation and in their individual capacity.
(4) Count IV: action for damages for negligence seeking judgment against the corporation which built the condominium and Messrs. Scheinholz, Scheinholz, and Bianculli as trustees of the allegedly dissolved corporation and in their individual capacity.
(5) Count V: action for negligence against the architect who designed and supervised construction of the condominium, Richard C. Reilly.
Counts III, IV and V sought recovery for both the original and secondary purchasers of condominium units.
A motion to dismiss the fourth amended complaint was filed by Appellees. The trial court entered orders dismissing Counts I, II, and V with prejudice and dismissing Counts III and IV as to secondary purchasers with prejudice. A subsequent motion for summary judgment directed to the issue of individual liability was filed by Scheinholz, Scheinholz, and Bianculli. Said motion was granted. Both orders were timely appealed and consolidated in this case.
As to Counts I and II we are of the opinion that Appellant's complaint does not state a cause of action and that the dismissals are proper and should be affirmed. Likewise, we find no substantial issue of fact...
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