Print

Email story

Comment

Email editor

Boxes of missing documents sway property case

By MOLLY MOORHEAD
Published August 10, 2006

The defendants in a long-running property lawsuit at Gulf Island Resort condominiums in Hudson won a stunning victory Tuesday thanks to 45 boxes of missing documents.

Circuit Judge Wayne Cobb affirmed ownership of 18 condo units and 2 acres of undeveloped gulf-front land - worth millions of dollars - for Miami-based investors Oceanside Acquisitions and DBKN Gulf Inc.

The ruling dealt a shocking blow to the plaintiffs, Gulf Island Resort Limited Partnership, which bought the entire resort from the federal government in 1993 and sold off dozens of condos to individual buyers.

The parties were suing each other for title to the 18 units and the land. The plaintiffs, led by investor Alex Bistricer, said DBKN and Oceanside bought from a former partner who didn't have the authority to sell it. The trial began in June in Dade City and was being heard a few days at a time, as the judge's schedule permitted.

Testimony covered numerous depositions, lengthy cross examinations and about 26,000 pages of documents.

But about three weeks ago, the plaintiffs revealed they had 45 boxes containing another 68,000 pages involved in the suit, which was filed more than three years ago. The defense cried foul, calling it an abuse of the process, and immediately moved for sanctions.

Cobb heard arguments Tuesday and ruled from the bench.

"He protected the integrity of his courtroom," said Scott McLaren, an attorney for Oceanside and DBKN. "The plaintiffs demonstrated a conscious disregard for the court."

Nathan Hightower, who represents the plaintiffs, did not rule out of the possibility of an appeal.

"They think it's really unfortunate that the case was not resolved based upon the evidence, on the merits," Hightower said. "They think the evidence was pretty overwhelming as to what occurred here."

Cobb reserved ruling on whether to award attorneys' fees, which could reach into the millions. The plaintiffs have 30 days to appeal from the time Tuesday's judgment is filed.

[Last modified August 10, 2006, 06:31:35]