02-3225 NAT. HOME COMM. V. FRIENDS OF SUNSHINE

State: Florida

Court: Florida Southern District Court

Docket No: 3d02-3225

Case Date: 04/14/2004

Plaintiff: 02-3225 NAT. HOME COMM.

Defendant: FRIENDS OF SUNSHINE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
NATIONAL HOME COMMUNITIES,
L.L.C. and NHC-FL 13, L.P.,
Appellants/Cross Appellees,vs.
FRIENDS OF SUNSHINE KEY,INC., et al.,
Appellees/
Cross Appellants.

IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
THIRD DISTRICT
JANUARY TERM, A.D. 2004
**
**
** CASE NO. 3D02-3225
**
**
** LOWER TRIBUNAL CASE NO. 01-790
**
Opinion filed April 14, 2004.
An appeal from the Circuit Court of Monroe County, RobertNewman, Judge.
William E. Andersen and Lynn E. Wagner and L. Eric Ebbert (KeyWest), for appellants/cross appellees.
Feldman Koenig & Highsmith and Timothy J. Koenig (Key West);
V. McFadyen; William A. Friedlander, for appellees/crossappellants.
Before SCHWARTZ, C.J., and LEVY and FLETCHER, JJ.
FLETCHER, Judge.
National Home Communities, L.L.C. and NHC-FL, L.P. appeal a declaratory judgment entered in favor of Friends of Sunshine Key, Inc. and numerous individual plaintiffs which determined occupancy rights at a recreational vehicle park. For the reasons set forth herein, we reverse.
National Home Communities, L.L.C., manages Sunshine Key, a recreational vehicle park in Monroe County, on behalf of the landowner, NHC-FL 13, L.P. (Both entities will be referred to collectively as National Home.) Plaintiffs below are Friends of Sunshine Key, Inc., a not for profit company, and numerous individual occupants of RV sites at the park (collectively referred to hereinafter as Unit Owners). A majority of the Unit Owners originally entered into written agreements with the prior owner of Sunshine Key who operated the park between 1988 and 1998. In 1998, National Home acquired Sunshine Key, assuming the prior owner

Download 3d02-3225.pdf