Seabird Properties, Inc. v. Villages of Seaport Condominium

I respectfully dissent. The settlement agreement allowed ninety days to comply with all conditions precedent. Instead of promptly availing itself of its right to cancel, Seabird waited almost seven months before attempting to terminate on October 10, 1995. In the meantime, all parties proceeded to comply with the terms of the agreement, and on October 6, 1995, the lone holdout sold his interest to a third party, who shortly thereafter (three weeks), notified Seabird of his intention to be included in the class. Under these circumstances, I cannot find that the trial court abused its…