FREDERICK D. BURCH AND LINDA G.L. BURCH, APPELLANTS,
v.
POLYNESIAN VILLAS CONDOMINIUM, INC., A FLORIDA CORPORATION NOT-FOR-PROFIT, ET AL., APPELLEES
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PER CURIAM.
We affirm the dismissal with prejudice of the complaint by the condominium association and the counterclaim by the unit owners because of mootness. The issue between the parties became moot when the counterclaimants ceased to be unit owners. See Sunshine Villa Apartments, Inc. v. Snyder, 335 So. 2d 841 (Fla. 4th DCA 1976) (issue, whether cooperative board’s refusal of consent to Snyder’s occupancy of cooperative unit was unlawful, mooted by Snyder’s transfer of unit to another).
We affirm the trial court’s denial of attorney’s fees to appellants but, without intending to be argumentative, disagree with its reasons for so doing. Appellants were not entitled to such fees pursuant to section 718.303, Florida Statutes (1983), not because of mootness, but because they did not prevail in a practical sense, as in 51 Island Way Condominium Association, Inc. v. Williams, 458 So. 2d 364 (Fla. 2d DCA 1984).
GLICKSTEIN, WALDEN and STONE, JJ., concur.
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Barsan v. Trinity Fin. Servs., LLC, 258 So. 3d 516 (Fla. 3d DCA 2018)…rney’s fees is a sufficient interest to overcome the fundamental appellate principle that cases will be dismissed as moot when, due to a change in circumstances, an actual controversy no longer exists. Compare Burch v. Polynesian Villas Condominium, 491 So.2d 1264 (Fla. 4th DCA 1986); Del Valle v. Biltmore II Condominium Association, 411 So.2d 1356 (Fla. 3d DCA 1982). However, we need not decide the question here. We have examined the record, the initial brief, and appellant’s arguments in opposition to dismi…
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Boca Raton Artificial Kidney Ctr., Inc. v. Dep't OF Health & Rehabilitative Servs. & W. Boca Raton Artificial Kidney Ctr., 514 So. 2d 1114 (Fla. 1st DCA 1987)…rney’s fees is a sufficient interest to overcome the fundamental appellate principle that cases will be dismissed as moot when, due to a change in circumstances, an actual controversy no longer exists. Compare Burch v. Polynesian Villas Condominium, 491 So. 2d 1264 (Fla. 4th DCA 1986); Del Valle v. Biltmore II Condominium Association, 411 So. 2d 1356 (Fla. 3d DCA 1982). However, we need not decide the question here. We have examined the record, the initial brief, and appellant’s arguments in opposition to dism…
Authorities Cited
- 51 Island WAY Condo. Ass'n, Inc. v. Williams, 458 So. 2d 364 (Fla. 2d DCA 1984)
- Sunshine Villa Apts., Inc. v. Snyder, 335 So. 2d 841 (Fla. 4th DCA 1976)