Florida District Courts of Appeal, 1982

Miami-Dade Water & Sewer Authority v. Biscaya Condominium Ass'n

Miami-Dade Water & Sewer Authority v. Biscaya Condominium Ass'n
Florida District Courts of Appeal · Decided October 19, 1982 · Baskin, Ferguson, Nesbitt
420 So. 2d 651; 1982 Fla. App. LEXIS 21475 (Southern Reporter, Second Series)

Miami-Dade Water & Sewer Authority v. Biscaya Condominium Ass'n

Opinion of the Court

PER CURIAM.

The partial summary judgment and order dismissing the appellant’s supplemental counterclaim, both of which were incorporated into the final judgment appealed from, are affirmed. The court properly construed the contract between Miami-Dade Water and Sewer Authority and the developer to preclude the Authority from requiring guaranty deposits from the condominium association. Dismissal of the supplemental counterclaim for declaratory judgment was nonprejudicial because it did not assert a compulsory counterclaim and therefore may be the subject of an independent action.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.