This month Bernhard Law Firm obtained dismissals after winning summary judgments in a 5-year multimillion-dollar lawsuit over the size of yachts allowed in an Aventura mega-yacht marina. (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result, or same or similar results). Bernhard Law Firm is happy for happy clients. If you have any questions about breach of covenants, marina disputes, yacht litigation, or similar property matters, please contact Bernhard Law Firm at www.bernhardlawfirm.com, abernhard@bernhardlawfirm.com, or 786-871-3349.

As taken from the filings in case no. 17-006796 CA:

This is a dispute over yacht docking in a super-yacht marina in Miami-Dade. The Marina is owned by the HOA of the neighboring estates, and is designed to accommodate 150-foot super-yachts. Bernhard Law Firm’s clients owned space in the Marina and docked a 110-foot yacht there.  Bernhard Law Firm’s client bought in for $4.35 million to be one of the biggest slips in this super-yacht Marina. Nevertheless, another boat slip owner sought to restrict the type of boat that Bernhard Law Firm’s client could keep in its slip, even though the boat fit.

Bernhard Law Firm argued that the Marina owner had made a binding determination that the boat fit, pursuant to provisions of the 1999 Declaration of Covenants. The Declaration provided no other size limitations and there were no length and width limitations imposed by the State of Florida or DERM.

Bernhard Law Firm also argued that the clients’ use was reasonable, where yachts have consistently gotten bigger, the Marina was looking to put in numerous 150-foot mega-yachts, and Bernhard Law Firm engaged two independent engineering teams who determined there was no issue. After numerous depositions of engineers, neighbors, corporate representatives, yacht captains, the parties submitted the case for summary judgments. Ultimately, Bernhard Law Firm won two summary judgment motions and a motion for clarification, dismissing claims against Bernhard Law Firm’s clients for breach of covenants, promissory estoppel, injunction, and private nuisance by a corporate officer. These summary judgments led to a mediated dismissal of the case against Bernhard Law Firm’s clients.

Bernhard Law Firm is happy for happy clients. If you have any questions about breach of covenants, marina disputes, yacht litigation, or similar property matters, please contact Bernhard Law Firm at www.bernhardlawfirm.com, abernhard@bernhardlawfirm.com, or 786-871-3349.