On Nov 27, 2024, the Court entered a summary judgment "Order" in favor of Solivita HOA and against Spectrum, avoiding the necessity of a trial. The "Order" provides as follows:
"It is ordered and adjudged as follows:
1. Plaintiff Spectrum Sunshine State, LLC’s Motion for Partial Summary Judgment is denied.
2. Defendant Solivita Community Association, Inc.’s Motion for Partial Summary Judgment is granted.
3. The Clerk shall enter a final summary judgment in favor of Defendant Solivita and against Plaintiff Spectrum.
4. The Clerk is directed to close the case.
DONE AND ORDERED at Tampa, Florida, on November 27, 2024
William F Jung, United States District Judge"
A copy of the 24-page Summary Judgment Order is linked below.
On Jan 15, 2025, the Court entered its "Amended Judgment in a Civil Case," entering final summary judgment in favor of the Solivita HOA.
On Jan 24, 2025, Spectrum filed its "Notice of Appeal," appealing the Amended Judgment to the U.S. Court of Appeals for the Eleventh Circuit in Atlanta.
On May 19, 2025, the Appeals Court dismissed Spectrum's appeal.
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The Court's "000 Docket Report - [Date]" linked below lists all documents filed with the Trial Court as of the date shown in the Docket Report below.
The Court's "001 Appeal Docket Report - [Date]" linked below lists all documents filed with the Court of Appeals as of the date shown in the Appeal Docket Report below.
Selected filed documents are linked below.
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"Spectrum's Complaint" filed 6/7/2023.
"Solivita HOA's Answer" filed 7/21/2023, responding to Spectrum's Complaint.
The Court's "Scheduling Order" filed 8/22/2023.
The dates in this Order have since been amended.
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"Solivita HOA's Motion for Partial Judgment on the Pleadings" filed 11/7/2023.
"Spectrum's Unopposed Motion for Protective [Confidentiality] Order" filed 11/7/2023.
The Court on 11/7/2023 adopted the Stipulated Protective Order attached to this Motion to be enforced as an Order of the Court.
"Spectrum's Opposition to Solivita HOA's Motion for Partial Judgment on the Pleadings" filed 11/28/2023.
Spectrum's response to the Solivita HOA motion.
"Spectrum's Unopposed Motion for Leave to File Under Seal" - filed 11/28/2023.
Spectrum's motion to file a copy of the 2014 Spectrum - Solivita HOA contract that Spectrum is suing under.
"Transcript of the Court's 12/6/2023 Hearing on Solivita HOA's Motion for Partial Judgment on the Pleadings"
The Court's "Order Denying Motion for Partial Judgment on the Pleadings" filed 12/8/2023.
This is a procedural ruling - the Court said it was not the right time to decide this question. The Court in this Order did not decide, either way, whether or not the 2014 Spectrum contract contains any obligation to accept a Spectrum offer.
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"Solivita HOA's Motion for Partial Summary Judgment" filed 6/27/2024
Spectrum's Opposition to this Motion is below.
"Solivita HOA Statement of Undisputed Facts" filed 6/27/2024
Filed in support of Solivita HOA's Motion for Partial Summary Judgment
"Spectrum's Motion for Partial Summary Judgment" - filed 6/27/2024
Solivita HOA's Opposition to this Motion is below.
"Spectrum's Statement of Undisputed Facts" filed 6/27/2024
Filed in support of Spectrum's Motion for Partial Summary Judgment
"Solivita HOA's Opposition to Spectrum's Motion for Partial Summary Judgment" filed 7/18/2024
Spectrum's Opposition to this Motion is below.
"Solivita HOA's Statement of Disputed & Additional Facts" filed 7/18/2024
Solivita HOA's Response to Spectrum's Statement of Undisputed Facts
"Spectrum's Opposition to Solivita HOA's Motion for Partial Summary Judgment" filed 7/18/2024
Solivita HOA's Reply supporting its Motion is below.
"Spectrum's Statement of Disputed Facts" filed 7/18/2024
Spectrum's Response to Solivita HOA's Statement of Undisputed Facts
"Solivita HOA's Reply Supporting Its Motion for Partial Summary Judgment" filed 8/1/2024
Solivita HOA's response to Spectrum's Opposition.
"Spectrum's Reply Supporting Its Motion for Partial Summary Judgment" filed 8/1/2024
Spectrum's response to Solivita HOA's Opposition
"Spectrum's Post Hearing Summary Judgment Brief" filed 11/13/2024
Spectrum's final Summary Judgment Brief filed after the Nov. 6 hearing
"Solivita HOA's Post Hearing Summary Judgment Brief" filed 11/13/2024
Solivita's final Summary Judgment Brief filed after the Nov. 6 hearing
"Order Granting Summary Judgment for Solivita HOA & Against Spectrum" filed 11/27/2024
Court order granting Summary Judgment for Solivita HOA and against Spectrum.
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"Judgment - Final Summary Judgment in favor of Solivita HOA" entered 12/2/2024.
This was an appealable Judgment, but the right to appeal this Judgment was paused by Spectrum's 12/30/2024 filing of its "Unopposed Motion to Alter or Amend Final Judgment." This Judgment was then superseded and the right to appeal it was terminated by the 1/15/2025 entry of the "Amended Judgment;" however the Amended Judgment is itself appealable as described below.
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"Solivita HOA's Motion to Determine Entitlement to Attorney Fees" filed 12/13/2024
"Spectrum's Response to Solivita HOA's Motion for Fees" filed 12/27/2024
ENDORSED ORDER granting Solivita HOA's Motion for Entitlement to Attorney Fees and Costs as Prevailing Party. Signed by Judge William F. Jung on 12/31/2024.
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"Spectrum's Unopposed Motion to Alter or Amend Final Judgment" filed 12/30/2024
To address a technical defect in the Final Judgment - Solivita HOA does not oppose the requested alteration.
"Order Granting Unopposed Motion to Alter or Amend Final Judgment" filed 1/15/2025
Altering the Final Judgment by excluding the claim set forth in paragraph 39(f) of Spectrum's "Complaint," as it is a separate claim for less than the $75,000 minimum for Federal court.
"Amended Judgment - Amended Final Summary Judgment in favor of Solivita HOA" entered 1/15/2025
THIS IS AN APPEALABLE JUDGMENT. Spectrum filed its Notice of Appeal (below) in 1/24/2025.
"Spectrum's Notice of Appeal" filed 1/24/2025
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APPEALS COURT DOCUMENTS:
"Appeal Briefing Notice (Schedule)" filed 2/11/2025 by the Appeals Court.
"Spectrum's Civil Appeal Statement" filed 2/11/2025
Includes a short statement of what Spectrum contends are errors by the Trial Court.
"Notice of 04-16-2025 Zoom Mediation" filed 2/13/2025 by the Appeals Court.
"Spectrum's Unopposed Motion for Voluntary Dismissal of Appeal" filed 5/14/2025 by Spectrum.
"Mandate and Order Dismissing Appeal" entered 5/19/2025 by the Appeals Court.
This Order terminates the appeal.
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TRIAL COURT DOCUMENTS:
"Spectrum Unopposed Motion to Vacate Judgment & Dismiss Spectrum's Complaint with Prejudice" filed 5/23/2025 by Spectrum
"Consent Order Vacating Judgment & Dismissing Spectrum's Complaint with Prejudice" entered 5/29/2025 by the Trial Court
"Solivita HOA Withdrawl of Motion for Attorney Fees" filed 5/29/2025 by Solivita HOA
