Carlton Fields defended real estate developer Apeiron Miami, LLC
in litigation brought to prevent our client from maintaining,
operating, and developing its own property. Apeiron purchased the
14 acre property, in the Miami-area Jockey Club condominium
complex, in 2014, with plans to develop it. In 2016, two existing
Jockey Club condominium associations sought to block development,
filing two lawsuits against Apeiron in Florida state court.
Plaintiffs argued that development would violate agreements they
made with the complex's original owner in 1977 and 1995.
Following a five-day bench trial, the court ruled that these
agreements had either been extinguished by Florida's Marketable
Record Title Act or did not preclude future development or
Apeiron's assumption of maintenance. Although this ruling
eliminated obstacles, it also required our client to secure the
associations' approval for its development and was unclear as
to whether Apeiron could develop on the land
