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.
& 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.
SALTER, LINDSEY and MILLER, JJ.
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.
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:
GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION
FOR PARTIAL SUMMARY JUDGMENT
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. Plaintiff filed this action to obtain
declaratory relief as to its rights with regard to a covenant
on certain specific parcels of real property.
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
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.
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 ...