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Posted on July 28, 2015
A recent hearing before Circuit judge Angela Dempsey addressing the Killearn golf course litigation, provided some clarity on one issue, dismissed another, and relegated the final solution over “disputed issue of material fact” to another day.
Judge Dempsey ruled that if it is determined that the owner of the golf course triggers or has triggered a special covenant provision that requires him to sell a portion of the golf course to club members, the special covenants “gives the defendant (the golf course owner) the right to exclusively deal with one three person panel.”
How the three person panel would be chosen was not addressed.
On another issue Judge Dempsey granted in part, the defendant’s motion to dismiss the first amended class action complaint, but held that certain parties could file an amended complaint within thirty days of the Judge’s order, which was filed on July 6, 2015.
What does all this mean?
First, at this time, there appears to be no talks between the parties with regards to any settlement.
Second, ultimately if there is no resolution outside the court, the final decision on issues of material fact will be decided by a jury trial.
And finally, any decisions rendered by the court will be subject to appeal.