Hernstadt v. Brickell Bay Club Condominium Ass'n

This case is before us for a third time. In the first appeal, Brickell Bay Club Con*969do. Ass’n, Inc. v. Hernstadt, 512 So.2d 994 (Fla. 3d DCA 1987), rev. denied, 520 So.2d 584 (Fla.1988), we decided that as between the parties, the condominium association and not the Hernstadts was the owner of a roof structure which had housed an air-conditioning unit for an adjacent restaurant.

In the second appeal, Hernstadt v. Brickell Bay Club Condo. Ass’n, Inc., 560 So.2d 1227 (Fla. 3d DCA 1990), cert. denied, — U.S. -, 111 S.Ct. 2015, 114 L.Ed.2d 102 (1991), we affirmed an order entered on our mandate…