DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

BEVERLEY C.B. WHITE; JOHN DORSO and SUE DORSO; 

COLLETTE MERCIER, as Attorney-in-fact for JOSEPH MERCIER; MARK 

SCHERER, as personal representative of the Estate of Sandra Spaugh; 

LOGAN CHAMBERLAIN and SUSAN CHAMBERLAIN; JOHN JANSEN; 

JAMES DOWDELL, JR.; JONI SHERRILL, as executor of the Estate of 

Sam Tedesco; JOHN FILAK, as trustee under John Filak Revocable Trust 

Agreement dated May 3, 1996; JOHN WAKEFIELD and NANCY 

WAKEFIELD; MICHAEL McCORMICK and LAURA McCORMICK; 

ROBERT SMITH; CHRISTOPHER BOOTH, as executor de son tort of the 

Estate of Weldon S. Booth; ALBERT MEYER and FRANCINE MEYER; 

EDWARD CARR and MARIANNE CARR; THOMAS BECK; JAMES 

BRENDEL, individually and as a nominated personal representative of 

the Estate of Anna Brendel; DAVID LUFT and BETTY LUFT; EDITH 

SHEEHAN; RICHARD VOLK; AMELIA YANATSIS; EDWARD PEEL; 

CHARLES AXTON and BARBARA AXTON; CAROL BARNES; JAMES 

DeSTEFANO and JOANNE DeSTEFANO; DONALD GROSSE and IRENE 

GROSSE; CAROLYN HALL; PAUL HAMMELMAN and ANNDRA 

HAMMELMAN; ILONA HERMLE; KARIN ISRAELSSON; JERRALD 

KABELIN and KAY KABELIN; ROBERT MARTIN and JEANNINE MARTIN; 

ROLAND SCHAPANSKI; JOSEPH TESTA and NANCY TESTA; PATRICIA 

MORGAN, as trustee of the James I. Morgan Trust; BRADLEY THINNES, 

as Attorney-in-Fact for PATRICIA THINNES; MARY YOUNG, individually 

and as nominated personal representative of the Estate of Joseph Young; 

ALAN ANDERSON; JON BERRY; MICHAEL BIGLEY and LAURIE STEIN; 

VIJAY DUBE and GIRJIA DUBE; DIANE CRUMLY as executor de son tort 

of the Estate of Paul Lang, deceased; JEFF McCARTNEY and BARBARA 

McCARTNEY; JOHN MOUNT; PATRICIA QUARLES; FRANK ROBINSON 

III and JACKLYN ROBINSON; CHARLES WHITCHER and SHIRLEY 

WHITCHER; ROBERT NICKS and TERESA NICKS; RICHARD BUTLER 

and MARY BUTLER; TIMOTHY STONE, as Attorney-in-Fact for 

Phyllis Stone; RALSTON REID, individually and as a nominated personal 

representative of the Estate of Shirley Reid; CHARLES MATTHEWSON, as 

trustee of the Amended and Restated Shirley Anne Crandall Revocable 

Inter Vivos Trust No. 1; JOHN BALL and CAROL BALL; SCOTT VAN DER 

LINDEN; CHARLENE KNOCH, as trustee of Wendell Trust UTD November 

1, 1994; MARY BARCUS; THOMAS KINGSLEY and FRANCES KINGSLEY; 

LAURA BROWN, as executor de son tort of the Estate of John W. 

Berryman, Jr.; WANDA MILLER, as trustee of the Geraldine F. Warstler 
2

Trust Agreement Dated August 13, 2015; JIM McCARTHY and CYNTHIA 

McCARTHY; ELIZABETH ROBERTSON; JEAN LARSON and THOMAS 

LARSON; THOMAS WHITTAKER, as personal representative of the Estate 

of Walter Whittaker and the nominated personal representative of the 

Estate of Catherine Whittaker; WILLIAM THOMAS and CANDACE 

RENWALL, as independent co-executors of the Estate of Robert Kloman; 

THOMAS BARRY and FRANCES BARRY; CHARLES HOLLOWAY; ELMER 

ECCHER and JANICE ECCHER; ROBERT HLADIK, PATRICIA BARNES, 

as personal representative of the Estate of Joan Yelding; THOMAS 

BROWN and ELIZABETH BROWN; DAVID VAN ALSTYNE, as executor of 

the Estate of Joan Van Alstyne; WILLIAM GEPHART, as executor de son 

tort of the Estate of Roberta Rogers; JEAN MORGAN; REGINALD MILLER 

and NANCY MILLER; ANN MARIE O'BRIEN; GEIR FLYCKT; ARTHUR 

MAYHEW and CAROL MAYHEW; DOMINICK GIAMBRONE; EDWARD 

MALINOWSKI; KERRY LONG and DEBRA LONG; JEFFREY BUCHS and 

DONNA BUCHS; BRADLEY BENFORD; ROBERT BEAVER; PATRICIA 

McGOWAN; ISABELLA MARKLE; THOMAS TYLER; WOODROW 

MILTENBERGER and PEGGY MILTENBERGER; ROSS DUNBAR and 

ELIZABETH DUNBAR; THOMAS SLATTERY and DEBRA SLATTERY; 

RAYMOND WOPPERER; PAUL EUSTACE and GEORGINA EUSTACE; 

DAVID GARTZKE and LOUISE GARTZKE; PAMELA HOLCOMBE, 

PAMELA HOLCOMBE, as independent co-executor of the Estate of 

Marvin Pruitt; JOHN BUGOSH, as Attorney-in-Fact for Nancy Bugosh; 

DONALD BRISCH, as Attorney-in-Fact for Joseph Brisch; LANCE 

BALLARD; CAROL STADTER and RICHARD STADTER; and WILLIAM 

HANKINS, as personal representative of the Estate of Patricia Hankins; 

individually and on behalf of those similarly situated,

Appellants,

v.

CONCERT PLANTATION, LLC, and PLANTATION GOLF 

AND COUNTRY CLUB, INC.,

Appellees.

No. 2D2023-0637

June 28, 2024
3

Appeal from the Circuit Court for Sarasota County; Andrea McHugh, 

Judge.

Benjamin A. Christian, formerly of mctlaw, and Ilyas Sayeg and Jennifer 

Anne Gore Maglio, of mctlaw, Sarasota (substituted as counsel of record), 

for Appellants.

Lindsay Patrick Lopez, Amy L. Drushal, and William A. McBride of 

Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., Tampa, for 

Appellee Concert Plantation, LLC; Terrance W. Anderson, Jr., of Nelson 

Mullins, Boca Raton, for Appellee Plantation Golf and Country Club, Inc.

PER CURIAM.

Affirmed.

LaROSE, ROTHSTEIN-YOUAKIM, and SMITH, JJ., Concur.

Opinion subject to revision prior to official publication.