Appellate Win

May 17, 2022

Michael Rosenberg of CSK’s Fort Lauderdale West office successfully defended an appeal brought by homeowners in their suit against the condominium association. Plaintiffs desired to use part of the Association’s rooftop as their own for a sundeck. At the trial court Eric Sprechman of CSK’s West Palm Beach office and co-counsel obtained a declaratory final judgment in favor of the Association, finding that the Plaintiffs were not entitled to the relief they requested because the Association did not violate Florida law or the Association’s Declaration. On appeal, Plaintiffs argued that the trial court erred by: (1) misinterpreting the Association’s Declaration; (2) determining the Association had not materially altered Plaintiffs’ use of the rooftop area; and (3) agreeing with the Association that the rooftop area was not designed to accommodate continued use. The Fourth District Court of Appeal rejected Plaintiffs’ arguments. In addition to affirming the final judgment, the appellate court also granted entitlement to appellate attorney’s fees.

Michael Rosenburg
(954) 343-3907

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