FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Nonfinal Appeal from the Circuit Court for Seminole County,
Susan Stacy, Judge.
J. Angell, of O'Connor & O'Connor, LLC, Orlando,
Randall O. Reder, Tampa, and Anthony N. Legendre, II,
Maitland, for Appellee Catherine Ann Schofield.
Appearance for other Appellees.
February 2016, a fire originating in a neighboring unit
caused damage to the condominium unit owned by Appellee,
Catherine Ann Schofield. Pursuant to the Declaration of
Condominium, Appellant, Cabana Key Condominium Association
("Association"), had a duty to promptly repair the
shell and infrastructure of Schofield's unit and to
maintain and protect the unit during the repairs. When
Association failed to fulfill its duties, Schofield filed an
action seeking both damages and specific performance.
Ultimately, the trial court granted summary judgment in favor
of Schofield on her specific performance count. The trial
court's order further required Association to
"resume and complete the repairs and replacement to the
shell and infrastructure to the subject property while
maintaining it and protecting it . . . within a reasonable
period of time . . . ." Association appeals this
nonfinal order, correctly asserting that this court has
jurisdiction because the order grants injunctive
relief. Fla. R. App. P. 9.130(a)(3)(B). We affirm,
in part, and reverse, in part.
appeal, Association argues that the injunction cannot stand
because the trial court erred in granting Schofield's
motion for summary judgment. We disagree. The pleadings and
affidavits before the trial court firmly supported its
conclusion that Association had failed to meet its
obligations under the Declaration of Condominium and that
summary judgment was not precluded by Association's
asserted affirmative defenses.
trial court also correctly determined that Schofield had
satisfied the requirements to obtain a mandatory injunction.
Section 718.303(1), Florida Statutes (2015), expressly
authorizes injunctive relief in cases brought by unit owners
against condominium associations for their failure to perform
obligations required by the condominium documents. See
also Amelio v. Marilyn Pines Unit II Condo. Ass'n,
Inc., 173 So.3d 1037, 1040-41 (Fla. 2d DCA 2015)
(holding that condominium unit owner had satisfied
requirements to obtain mandatory injunction against
condominium association where association had failed to
perform its obligations to maintain and repair slab on which
owner's unit sat, rendering unit uninhabitable as result
of ongoing and excessive moisture intrusion).
we agree with Association that the trial court's
injunction order was facially defective because it failed to
specify the reasons for entry of the injunction, as required
by Florida Rule of Civil Procedure 1.610(c). Kirkland v.
PeoplesSouth Bank, 70 So.3d 662, 664 (Fla. 1st DCA 2011)
("Where a trial court fails to include specific reasons
for issuing an injunction, the reviewing court must
reverse."). On remand, the trial court is directed to
enter an order delineating the required factual findings.
in part; REVERSED, in part; and REMANDED with instructions.
ORFINGER and GROSSHANS, JJ, concur