FHR TB, LLC v. TB Isle Resort, LP
Published: Nov. 5, 2011 | Result Date: Oct. 14, 2011 | Filing Date: Jan. 1, 1900 |Case number: 1:2011-cv-23115 Bench Decision – Denial
Court
USDC Florida
Attorneys
Plaintiff
Defendant
Facts
Turnberry Isle Hotel & Resort in Florida was created by the Turnberry Associates in the 1970s. Turnberry completed a $150 million renovation. It had been operated by the Fairmont chain of hotels until Turnberry took control and terminated its relationship with Fairmont in Aug. 2011.
Result
Fairmont sought a temporary restraining order, but was denied. The Court, in deciding whether Fairmont was entitled to a preliminary injunction reinstating it as the operator of the Fairmont Turnberry Isle Resort & Club, ruled that given heightened standard of proof that applies to such an injunction, Fairmont did not meet its burden of proof for a preliminary injunction. The case is still pending, and the Court will decide in the near future whether Fairmont is entitled to damages for the owner's breach of the operating agreement.
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