Atlantic Beach Management, Inc. v. Breakers of Fort Walton Beach Condominiums, Inc.
Docket: No. 90-3465
Court: District Court of Appeal of Florida; September 16, 1991; Florida; State Appellate Court
Appellant Atlantic Beach Management, Inc. (ABM) contests a final judgment favoring The Breakers of Fort Walton Beach Condominiums, Inc. (the Association), which sought damages and injunctive relief. The case stems from a 1982 contract wherein ABM agreed to manage the condominium and collect assessments from unit owners. George Bull, who was president and sole shareholder of both ABM and the developer, managed units owned by his wife, Mary Bull. In 1989, the Association filed an amended complaint, seeking a mandatory injunction to remove a satellite dish owned by ABM and damages for ABM’s failure to collect overdue fees from Mary Bull and the developer. The trial court ruled in favor of the Association, ordering ABM to remove the satellite dish and awarding $93,954.45 in damages. The appellate court affirmed the injunction, finding no abuse of discretion. However, it reversed the damages award, as evidence showed that ABM's obligation to collect payments was altered by an agreement between the parties on January 20, 1988, which directed unit owners to pay the Association directly starting March 1, 1988. Additionally, arrears for Mary Bull’s units did not begin until December 1988, and there was no evidence regarding when the developer's arrears started. Therefore, the Association failed to demonstrate that ABM was responsible for the unpaid assessments during its contractual obligation. The court found no errors in trial court proceedings related to George Bull's testimony. The final judgment was affirmed in part and reversed in part.