Gus Machado Buick, Inc. v. Westland Skating Center, Inc.

NESBITT, Judge.

In this consolidated appeal, Gus Machado Buick, Inc. (Machado) appeals from the trial court’s final judgment and its order awarding costs in favor of Westland Skating Center, Inc. (Westland) and Hialeah Skating Center, Ltd. (Hialeah). We reverse.

We agree with Machado’s contention that the trial court incorrectly granted West-land’s motion for partial summary judgment. The trial court held that as long as Westland, as an upper elevation landowner, had constructed its building in accordance with the South Florida Building Code, Ma-chado’s lower elevation neighboring land remained…