Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Beach Towing Services, Inc. v. Sunset Land Associates, LLC

Florida Court of Appeals, Third District

August 28, 2019

Beach Towing Services, Inc., et al., Appellants,
v.
Sunset Land Associates, LLC, et al., Appellees.

         Not final until disposition of timely filed motion for rehearing.

          Appeals from the Circuit Court for Miami-Dade County Lower Tribunal No. 16-4547, Rodolfo A. Ruiz, Judge.

          Levine & Partners, P.A., and Allan S. Reiss, for appellants.

          Buckner Miles, and David M. Buckner and Brett E. von Borke; Podhurst Orseck, P.A., and Stephen F. Rosenthal, for appellee Sunset Land Associates, LLC.

          Before SALTER, LINDSEY and MILLER, JJ.

          PER CURIAM.

         Beach Towing Services, Inc. and other defendants appeal a final declaratory judgment regarding the language of a restrictive covenant within a 2003 warranty deed. The plaintiff seeking declaratory relief is Sunset Land Associates, LLC, and the affected property is located on Purdy Avenue and Bay Road in Miami Beach, Florida.

         Declaratory relief was granted via an order granting partial summary judgment and a partial final declaratory judgment, and this appeal followed. We agree with the carefully-reasoned, ten-page order granting in part and denying in part the motion for partial summary judgment filed by the appellee, Sunset Land Associates, LLC. Finding no error in that order, we affirm and incorporate it here:

         ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

         This Cause came before the Court upon Plaintiff, Sunset Land Associates, LLC's, Motion for Partial Summary Judgment, filed May 29, 2018, seeking partial summary judgment on Counts X (meaning), XI (duration), and XII (ambiguity) of the Second Amended Complaint ("SAC") as to all Defendants.[1] Plaintiff filed this action to obtain declaratory relief as to its rights with regard to a covenant on certain specific parcels of real property.

         BACKGROUND

         Plaintiff owns three parcels of land located at 1759 Purdy Avenue 1747 Purdy Avenue, and 1738 Bay Road, Miami Beach, more specifically described as Lot 6 and the West ½ of Lot 5, Block 16, ISLAND VIEW SUBDIVISION, according to the map or plat thereof, recorded in Plat Book 6, Page(s) 115, of the Public Records of Miami- Dade County, Florida ("Property"). On July 3, 2003, Defendants Mark Festa, individually and as trustee, and Maureen Festa, conveyed the Property to Gert Elfering by warranty deed, recorded in Official Records Book 21412, Page 1665 of Official Records of Miami-Dade County. That warranty deed included a restrictive covenant ("Covenant"), which states:

This property is being conveyed by the Grantor to the Grantee subject to the Grantee agreeing that the property will not be used as a parking lot, storage yard facility or for a garage or tow truck company. This covenant shall run with the land.

         After the Property changed hands several times, Plaintiff acquired it on April 23, 2014. Plaintiff intends to improve the Property and would like to be able to include a parking garage as part of any such improvement. Defendants take the position that the Covenant prohibits the construction of a parking garage on the Property. Defendants accordingly created doubt about Plaintiff's rights, and in ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.