May 22, 2018

Kyle T. Berglin obtained partial summary judgment on behalf of Delaire Country Club, Inc. in a lawsuit that sought to overturn a member’s one-year disciplinary suspension as contrary to Florida law.  The Plaintiff was a disgruntled Club member who attacked the Club, its Board of Governors, management, and its individual members in a disparaging public web campaign. The Club initiated internal disciplinary proceedings against the member and suspended him for a period of one-year, which resulted in the Plaintiff filing suit to challenge his suspension. Mr. Berglin successfully argued that a private country club has the sole and exclusive authority to suspend or discipline its members for actions that it deems misconduct detrimental to the Club. In granting the Club’s motion, the Court concluded that it was not permitted under Florida law to determine the merits or reasonableness of the Club’s disciplinary charges or suspension decisions, and effectively validated the core of the Club’s defense to Plaintiff’s lawsuit. The ruling effectively eliminated any chance the Plaintiff had of obtaining meaningful relief in this lawsuit.  Following the resolution of the remaining, limited issue in this lawsuit, Mr. Berglin will seek an award of attorneys’ fees and costs on behalf of the Club as prevailing party.