Marshall Griffin v. Tony Fiovino

Syllabus

In this property dispute over the classification of a \roof terrace\ as a common element, Appellants, the Shoreham Towers Homeowners Association and several of its members, appeal multiple rulings of the circuit court including (1) allowing the respondent to reference a temporary restraining order (TRO) against Appellants; (2) submitting the issue of whether the roof terrace, tenth floor elevator lobby, and planters were common elements to the jury; (3) allowing the respondent to amend his complaint to include a cause of action for acquiescence; (4) finding evidence of damages; (5) submitting punitive damages to the jury; (6) not joining all dwelling owners as defendants; (7) permitting the testimony of Henry Beckham; (8) not listing each cause of action in the verdict form; (9) permitting the respondent to refer to the roof terrace as a balcony; and (10) denying Appellants' motion for directed verdict and judgment notwithstanding the verdict (JNOV) on the following claims: a) breach of contract, b) breach of contract accompanied by fraudulent act claim, c) conversion, d) civil conspiracy, e) acquiescence, and f) the individual defendant's immunity. We affirm.