Third District Court of Appeal
Third District Court of Appeal ()

A state appellate court on Wednesday revived a lawsuit by a condominium association in Miami’s Coconut Grove against a hotel and spa operator.

A three-judge panel of the Third District Court of Appeal said a lawsuit filed in 2009 by the Grove Isle Association Inc. was wrongfully dismissed with prejudice by Miami-Dade Circuit Judge John Schlesinger.

The association represents unit owners on Fair Isle, a private island dominated by the Grove Isle Hotel & Spa. The lawsuit, among many claims, said condo owners were unfairly assessed for maintenance of common areas, such as the bridge between the hotel and residential areas, dating back to 1979.

Judges Leslie Rothenberg, Barbara Lagoa and Thomas Logue allowed the association to resume its litigation but barred issues before 2004 when the statute of limitations kicked in.

The panel also said Schlesinger wrongly denied the association’s motion for leave to amend its complaint.