16205 Captiva Drive, LLC v. Richard Levinson, as Co-Trustee of the 16201 Captiva Drive Land Trust Dated March 29, 2010, and Patricia Levinson, as Co-Trustee of the 16201 Captiva Drive Land Trust

Summary

The Florida Sixth District Court of Appeal reversed a final summary judgment terminating an LLC's easements to access and use a land trust's dock. The court held that the easement agreement required the LLC's receipt of a payment demand before its payment obligation arose, and that the record showed genuine disputes regarding receipt, the correct mailing address, and the authority of the person who signed for the delivery. The case was remanded for further proceedings.

Holdings

1. Summary judgment was improper because the Trust's own motion demonstrated a genuine dispute of material fact concerning whether the LLC received the payment demand.
2. The contractual condition requiring receipt of the payment demand requires the LLC to get or take possession of the demand through an officer or agent authorized to receive it; mere mailing or notice to an address is not necessarily sufficient.
3. The evidence did not establish as an undisputed fact that "X.ZEUS" had apparent authority to receive the payment demand for the LLC.

Questions Presented

1. Whether the Trust was entitled to summary judgment when its own motion showed a genuine dispute regarding the LLC's receipt of the payment demand required by the easement agreement.
2. Whether the easement agreement's reference to receipt of a written payment demand required actual receipt by an officer or authorized agent rather than mere mailing or notice to an address associated with the LLC.
3. Whether the evidence established as an undisputed fact that the delivery signer, "X.ZEUS," had apparent authority to receive the payment demand for the LLC.

Disposition

reversed_and_remanded