TB Isle Marina/Yacht Club, L.P. v. Turnberry Isle Condo Association

TB Isle Marina / Yacht Club ["TB Isle”] appeals from an order denying its motion for involuntary dismissal and ordering execution of license agreement and other relief in favor of Turnberry Isle Condominium Association ["Condo Association”]. We affirm, as the trial court's findings of facts that TB Isle failed to comply with the 2004 Final Judgment are supported by the record and have not been shown to be clearly erroneous, and the requirement of the execution of the license agreement for failure to comply has previously been affirmed by this court.



After several years of litigation concerning the status and operation of a pool and its associated facilities currently owned and operated by TB Isle1 and shared by the Condo Association pursuant to the Declaration of Condominium, the trial court issued a final order in 2003, and Final Judgment in 2004, holding that the facilities were to be operated in accordance with the rules and regulations, and to the same standards as, TB Isle's other club facilities.2 The trial court ruled that if TB Isle elected not to do this, then it was to deed those facilities to the Condo Association as provided in the Declaration of Condominium.3 The 2004 Final Judgment was affirmed on appeal.4



Following the Mandate, the Condo Association sued to enforce the Final Judgment claiming that TB Isle failed to operate the facilities in the manner required by the Final Judgment. After extensive evidentiary hearings, the trial court issued a detailed Order which includes extensive findings of fact and conclusions of law finding that TB Isle failed to operate the facilities in accordance with the Final Judgment and ordered that TB Isle deed the property to the Condo Association as set forth in the Final Judgment. As the trial court's detailed findings of fact are supported by the record and have not been shown to be clearly erroneous, and as the 2004 Final Judgment requiring TB Isle to deed the property should it not comply with the Final Judgment was previously affirmed on appeal by this Court, we have no choice but to affirm the trial court's ruling.



* * *



See: http://www.3dca.flcourts.org/Opinions/3D09-1805.pdf

Affirmed.