More Colony appeals filed

Just when those watching the Colony Beach & Tennis Resort bankruptcy case closely thought the myriad legal issues were starting to be cleared up, more appeals have been filed.

Unicorp National Development Inc. filed two appeals, one in 12th Judicial Circuit Judge Rochelle Curley’s Sarasota courtroom and one in U.S. Bankruptcy Judge K. Rodney May’s Tampa courtroom late last week.

In May’s courtroom, Unicorp is asking a U.S Bankruptcy District Court of Appeals judge to overturn the sale of the bankrupt estate that also has control of a $23 million judgment against unit owners.

On Sept. 8, May awarded the Chapter 7 Partnership estate to the Colony Beach & Tennis Resort Association, which will bury the judgment.

The appeals came after Unicorp President Chuck Whittall told the Longboat Observer Sept. 8 he wouldn’t appeal May’s rulings to award two estates to the association and said he would reach out to the association to work together to develop the property.

Whittall owns the recreational land in the middle of the property and lays claim to a rec lease on the property that the association believes is null and void.

“We weren’t going to file an appeal, but we feel there was so much injustice done,” Whittall said. “We came to the auction with $4.5 million and were basically told to take our toys and go home.”

Association President Jay Yablon called the appeal “a delay tactic.”

“Those settlements have been closed and the appeals will be dead on arrival at the district court,” Yablon said.

It’s unknown how long it will take for the appeal to be heard.

In Curley’s courtroom on Tuesday afternoon, meanwhile, Unicorp sought injunctive relief to halt a Colony Beach & Tennis Resort Association meeting from taking place that night scheduled to approve estate settlement loans from unit owner and developer Andy Adams. 

Curley didn’t grant the injunction Tuesday, but will schedule an evidentiary hearing in the next month to hear why Unicorp believes the court should void all association acts and agreements with bankruptcy trustees.

The Curley appeal states the association board is acting without authority because it hasn’t held an election in more than three years and isn’t following its bylaws.

Yablon declined to comment on that appeal, noting his association board held an election in May 2013 and complies with all Florida condominium requirements.

Yablon confirmed the association approved loans for the estate settlements Tuesday night.