Legal Opinion

19650 NE 18th Ave. LLC v. Presidential Estates Homeowners Ass'n

District Court of Appeal of Florida

Decided September 27, 2012No. 3D11-2584PublishedCited by 6 opinions

1Opinion of the CourtFernandez, J.

19650 NE 18th Ave., LLC., et al. (“19650”) appeal the trial court’s entry of partial final summary judgment in which the trial court concluded that 19650 has no residential developmental rights to 104 acres of property because the deed of sale did not specify the number of units it could build on the property conveyed to it. We reverse because the trial court improperly interpreted a public covenant to identify a remedy that the original parties did not contemplate, a conclusion which is contrary to well-established principles of real property law that favor the free and unrestricted use of…

2Cases cited7 opinions

  1. Moore v. StevensSupreme Court of Florida · 1925
  2. BMW of North America, Inc. v. KrathenDistrict Court of Appeal of Florida · 1985
  3. Publix Super Markets v. Wilder Corp. of DeDistrict Court of Appeal of Florida · 2004
  4. Lathan v. Hanover Woods Homeowners Ass'nDistrict Court of Appeal of Florida · 1989
  5. ESBIN v. EricksonDistrict Court of Appeal of Florida · 2008

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3Cited by6 opinions

  1. Nationstar Mortgage Co. v. LevineDistrict Court of Appeal of Florida · 2017
  2. Heather Washington v. VyStar Credit UnionDistrict Court of Appeal of Florida · 2026
  3. INLET COLONY, LLC v. WIGHT MARTINDALE, IIIDistrict Court of Appeal of Florida · 2022
  4. MANDARIN LAKES COMMUNITY ASSOCIATION, INC. v. MANDARIN LAKES NEIGHBORHOOD HOMEOWNERS ASSOCIATION, INC.District Court of Appeal of Florida · 2021
  5. PEOPLE'S TRUST INSURANCE COMPANY v. ALEJANDRO AMARODistrict Court of Appeal of Florida · 2021

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