362 So. 2d 375 | Fla. Dist. Ct. App. | 1978
Appellant contends the trial court erred in dismissing his complaint for failure to state a cause of action. We agree.
Appellant filed a complaint seeking damages and an injunction against what he claimed was the wrongful termination of his membership in appellee’s country club.
While courts have often been wary of entering into disputes between private social clubs and their members, it has long been the rule in Florida that a person has a right to notice and a hearing when a club proposes to cancel his membership. Moreover, the cancellation must comport with the applicable by-laws or regulations of the club. LaGorce Country Club v. Cerami, 74 So.2d 95 (Fla.1954); State ex rel. Barfield v. Florida Yacht Club, 106 So.2d 207 (Fla. 1st DCA 1958). In. view of these rules, we think that appellant’s complaint stated a cause of action. Of course, we do not reach the merits of appellant’s contention.
In view of our decision we need not discuss the other point which appellant has raised. We vacate the trial court’s order dismissing appellant’s complaint and remand the case for further proceedings consistent with this opinion.
. Appellee, East Lake Woodlands, LTD is a Florida Limited Partnership. It owns and operates the East Lake Woodlands Golf and Country Club.