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Comcast of Florida, L.P. v. L'Ambiance Beach Condominium Association, Inc.

District Court of Appeal of Florida
17 So.3d 839 (2009)


Facts

Comcast of Florida, L.P. (Comcast) (plaintiff) entered into an agreement with a Florida developer to provide broadband services for a planned condominium. The contact granted Comcast an easement to install cables throughout the condominium and stated that Comcast would offer services to residents at a bulk-discount rate. At the developer’s request, the agreement included a provision that Comcast’s contract was subject to termination pursuant to § 718.302 of the Florida Statutes. Section 718.302 states that contracts for the operation, maintenance, or management of a condominium association or property may be canceled upon a 75 percent vote of the unit owners. Ultimately, L’Ambiance Beach Condominium Association, Incorporated (L’Ambiance) (defendant), cancelled the agreement. L’Ambiance sent written notice to Comcast in accordance with § 718.302 and requested Comcast to open the distribution lock boxes. Comcast refused to open the lock boxes, suing for declaratory and injunctive relief for breach of contract and trespass. Before a hearing was held, L’Ambiance hired another provider to rewire the building and provide services to all residential units. The trial court ruled in favor of L’Ambiance. On appeal, Comcast argued that § 718.302 did not apply to Comcast’s services, because the contract was not one for operation, maintenance, or management of the condominium.

Rule of Law

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Issue

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Holding and Reasoning (May, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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