Florida Supreme Court Denies Two Roads Development’s Appeal in Biscayne 21 Case

On October 14, 2025, the Supreme Court of Florida formally denied Two Roads Development’s (TRD Biscayne LLC) petition for review in its long-running case against unit owners of Biscayne 21, a waterfront condominium at 2121 N Bayshore Drive in Miami’s Edgewater neighborhood. The ruling (Case No. SC2025-1169) effectively ends all appeals and leaves intact a major victory for the holdout owners who opposed the developer’s attempted condominium termination and redevelopment plan.

The state’s highest court declined to exercise jurisdiction under Article V, Section 3(b) of the Florida Constitution and Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), meaning the lower court’s decision stands. Earlier this year, the Third District Court of Appeal had upheld a Miami-Dade circuit judge’s ruling that sided with Biscayne 21’s remaining owners, affirming that the termination plan violated state statutes intended to protect minority owners from forced buyouts.

A Landmark Outcome for Condo Owners

The Florida Supreme Court’s decision signals that Two Roads Development has exhausted its legal avenues, ending nearly two years of litigation surrounding Biscayne 21. For residents who resisted the termination, the ruling clears the path to retain and possibly reoccupy their units.

The outcome is expected to have broad implications for developers and condo owners across Florida, particularly as the state faces a wave of condominium terminations and redevelopment efforts following new post-Surfside safety requirements. The case reinforces that developers must strictly comply with termination statutes and respect the rights of dissenting owners.

Background: From Termination to Supreme Court

Two Roads Development—known for projects such as Elysee Miami and Biscayne Beach—had acquired the majority of units at Biscayne 21 and sought to terminate the condominium in order to redevelop the bayfront site. Several owners, however, refused to sell, arguing that the termination plan was procedurally flawed and unfairly coercive.

In July 2025, the Third District Court of Appeal issued a landmark opinion in Avila v. TRD Biscayne LLC, siding with the holdouts and ruling that developers cannot sidestep key statutory protections for minority owners. Today’s Supreme Court decision cements that precedent.

What It Means for Future Terminations

Legal analysts and condominium attorneys are already pointing to the Biscayne 21 outcome as a defining moment for condo law in Florida. The decision limits how aggressively developers can pursue terminations and reinforces the need for transparency, equitable terms, and adherence to Chapter 718 of the Florida Statutes.

For developers, the ruling introduces new caution in structuring bulk acquisitions; for owners, it provides renewed leverage in negotiations over termination offers. In short, the Biscayne 21 case may reshape the balance of power between developers and homeowners in Florida’s redevelopment boom.