JUDGE SIGNS ORDER GRANTING CCA’S MOTION FOR SUMMARY JUDGMENT AGAINST SOUTH SEAS IN DECEPTIVE PRACTICES CASE WHILE APPEAL IN INITIAL CASE STILL PENDING

Florida Deceptive and Unfair Trade Practices Act (FDUTPA) Case

On Sept. 1, Judge Shenko issued an Order granting CCA’s Motion for Summary Judgment. South Seas has until Nov. 20 to appeal the Court’s decision that CCA was not deceptive in its Legal Update when it stated that the 912-unit limit in the 2003 Settlement Agreement included hotel units.

In a related matter, CCA has appealed the appellate court’s reversal of Judge Shenko’s order that enforced the 2003 Settlement Agreement limiting South Seas to 912 dwelling units. CCA seeks a rehearing because the appellate court’s decision allowed the County to renege on its 2003 Settlement Agreement with CCA by misapplying the concept of “contract zoning.”