Farr, Farr, Emerich, Hackett and Carr is pleased to announce that DeSoto County Circuit Court recently entered final judgment in favor of its client, Kingsway Country Club, Inc., in the case of Aiken, et al. v. Kingsway Country Club, Inc. Through a written final judgment, acting Circuit Judge Don T. Hall determined that Kingsway is not obligated to reimburse former members who voluntarily resigned from the club after Hurricane Charley. The judgment recognized that Kingsway’s Board of Directors acted within its authority in re-valuing all membership certificates as part of the club’s hurricane recovery financing plan.
Farr partner, David A. Holmes, argued the case on behalf of Kingsway. “We are pleased that the Court has upheld the authority of the Board of Directors to take the action necessary to perpetuate the club and preserve its golf course and other amenities,” said Holmes.
A group of 84 former members brought suit against Kingsway, claiming that after their resignation, their membership certificates could not be re-valued by the Board of Directors. The Court denied this claim, stating that under the authority of its bylaws, the club could set the value of membership certificates.
Located in Lake Suzy, Kingsway boasts an eighteen-hole championship golf course and features an 18,000 square foot clubhouse with amenities for members such as an elegant dining room, pro shop and game room.
The former members of Kingsway were represented by David K. Oaks of Punta Gorda.