Case:
Opus Condominium Association v. Islamorada Condominiums, LLC, et al
Practice Area:
Attorney(s):
Plaintiff Counsel:
Ball Janik LLP
Result:
Final Summary Judgment
Summary:
Boca Raton Co-Managing Partner Christopher Burrows authored Defendant’s Motion for Summary Judgment in Opus Condominium Association v. Islamorada Condominiums, LLC, et al., a case involving construction and design defects related to the construction of an 11-story, 53 Unit condominium building located in Daytona Beach Shores, Florida (Volusia County). The Plaintiff filed a lawsuit against, amongst others, the original developer, Islamorada Condominiums, more than ten years after the date construction was completed and the certificate of occupancy was issued, which ran afoul of the Statute of Repose contained within Florida Statute section 95.11(3)(c). The major issue in the case was whether Islamorada Condominiums was considered the “owner” for purposes of triggering the statute of repose given that there was no dispositive case law requiring a court to grant Summary Judgment in Favor of Islamorada Condominiums. On May 18, 2022, Gavin McLean presented oral argument on Islamorada Condominiums’ Motion for Summary Judgment based on the Statute of Repose, wherein the Court reserved ruling. Thereafter, on October 21, 2022, the Court held a second hearing on the Motion for Summary Judgment and Senior Partner Hayley Newman continued oral argument on behalf of Islamorada Condominiums, which resulted in the Court ultimately granting Final Summary Judgment in favor of Islamorada Condominiums. Read More.
