In Brecker v. Delaire Country Club, Inc., 2017 Fla. App. LEXIS 259 (Fla. 4th DCA 2017), the Florida Fourth District Court of Appeal issued a unanimous ruling affirming the summary judgment entered in favor of the firm’s client Delaire Country Club, Inc. The Plaintiffs, members of the Country Club, brought suit challenging the results of a membership vote which approved a $4.2 million enhancement project for three of its golf courses. The project consisted of grass replacement in the fairways and rough, resurfacing and relocating cart paths and curbs, creation of new practice greens, reshaping and dredging of several lakes and renovations and extensions to the driving range complex. The Plaintiffs argued that the procedures used to validate the vote did not comply with the Country Club’s governing documents, and that the Country Club unlawfully prevented certain membership classes from voting on the project, thus rendering the results invalid. The firm’s lawyers successfully established that the Country Club correctly interpreted and applied its governing documents pertaining to the proper voting method and the membership classes eligible to vote on the project. The trial court therefore granted the firm’s motion for summary judgment and ruled that the vote had been validly conducted. On appeal, the Fourth District agreed with the trial court’s conclusions and awarded the Country Club attorneys’ fees and costs. Partners Kyle T. Berglin, Esq. and Frank Colonnelli, Jr., Esq. represented Delaire Country Club, Inc.
