26 may the honorable intermediate appellate court disregard the trial court 's documented findings that respondent ayala for its own self-interest and commercial purposes contrived in bad faith to do away with the jupiter street perimeter wall it put up three times which wall was really intended to separate the residential from the commercial areas and thereby insure the privacy and security of bel air village pursuant to respondent ayala 's express continuing representation and/or covenant to do so ?