JOHN MARTIN AND CONNIE MARTIN, APPELLANTS,
v.
KEY LARGO KAMPGROUND, INC., A FLORIDA CORPORATION, APPELLEE
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The trial court erred in awarding attorney's fees to the condominium association under section 718.303(1) because the association was not the prevailing party, having only vindicated its right to require the homeowners to apply for approval of a platform.
A condominium association is not the prevailing party entitled to attorney's fees merely by requiring homeowners to submit an application for approval of a structure, absent vindication of a substantive right.
[1] A condominium association does not become the prevailing party entitled to attorney's fees under section 718.303(1), Florida Statutes, by merely requiring homeowners to s…
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Join FLexlaw to unlock all legal intelligence“The only right Key Largo Kampground vindicated was its right to be asked.”
Court's explanation for why the association was not the prevailing party despite the trial court's order
John and Connie Martin constructed a platform on their condominium property. Key Largo Kampground, Inc., the condominium association, sued to require …
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PER CURIAM.
In its final order the trial court directed the defendants, John and Connie Martin, to remove a certain platform or, in the alternative, to apply in the manner prescribed by the condominium bylaws to the condominium board of directors for approval of the platform. The board was further directed to approve the platform upon receipt of a proper timely application. The trial court concluded that the plaintiff-appellee condominium association, Key Largo Kampground, was the prevailing party and, therefore, entitled to attorney’s fees pursuant to section 718.303(1), Florida Statutes (1983). This record demonstrates that the only right Key Largo Kampground vindicated was its right to be asked. On these facts, Key Largo Kampground was not the prevailing party. See Kirou v. Oceanside Plaza Condominium Ass’n, 425 So. 2d 650 (Fla. 3d DCA 1983). The order of the trial court determining the association to be the prevailing party is, accordingly,
REVERSED.1
. We remain hopeful, though not optimistic, that the legislature will provide a forum to settle disputes of this nature without employing the full panoply of trial and appellate procedures. See Tower Forty-One Ass'n v. Levitt, 426 So. 2d 1290, 1291 (Fla. 3d DCA 1983) (Jorgenson, J., specially concurring); see also Kirou, 425 So. 2d at 651 n. 3.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kirou v. Oceanside Plaza Condo. Ass'n, Inc., 425 So. 2d 650 (Fla. 3d DCA 1983)
- Azif v. E. Airlines, Inc., 426 So. 2d 1290 (Fla. 1st DCA 1983)
- Tower Forty-One Ass'n v. Levitt, 426 So. 2d 1290 (Fla. 3d DCA 1983)