WELLEBY CONDOMINIUM ASSOCIATION ONE, INCORPORATED, A FLORIDA NON-PROFIT CORPORATION, APPELLANT,
v.
WILLIAM BROWN, APPELLEE
WELLEBY CONDOMINIUM ASSOCIATION ONE, INCORPORATED, A FLORIDA NON-PROFIT CORPORATION, APPELLANT,
WILLIAM BROWN, APPELLEE
561 So. 2d 7
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s order awarding appellee attorney’s fees as the prevailing party in an action filed by appellant to recover condominium assessments. Appellant did, however, prevail on appellee’s counterclaim for damages for the loss of parking spaces at the condominium. Therefore, we reverse that part of the order which denied appellant’s claim for attorney’s fees and remand this cause for a determination and award of a reasonable sum for attorney’s fees incurred by appellant in defense of this count of the counterclaim. See Park Lane Condominium Association, Inc. v. DePadua, 558 So. 2d 85 (Fla. 1st DCA Feb. 28, 1990).
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
DOWNEY, DELL and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Environ Towers I Condo. Ass'n, Inc. v. Hokenstrom, 181 So. 3d 542 (Fla. 4th DCA 2015)…n point are cases holding that each prevailing ' party on separate and distinct claims between d unit owner and an association may be entitled to an award of attorney’s fees in connection with that claim. See Welleby Condo. Ass’n One, Inc. v. Brown, 561 So. 2d 7 (Fla. 4th DCA 1990); Park,Lane Condo. Ass’n v. DePadua, 558 So. 2d 85 (Fla. 1st DCA 1990). The purpose of civil contempt is not to punish, but to obtain compliance with a court order. See Bowen v. Bowen, 471 So. 2d 1274, 1277 (Fla.1985). Proceed [*…
-
Davis v. Nat'l Med. Enters., Inc., 253 F.3d 1314 (11th Cir. 2001)…deduct time spent on discrete and unsuccessful claims). Where claims are separate and divisible, each should be given separate consideration for the purpose of awarding attorneys’ fees. For example, in Welleby Condo. Assoc. One, Inc. v. Brown, 561 So. 2d 7 (Fla. 4th DCA 1990), the defendant prevailed in an action to recover condominium assessments and the plaintiff prevailed on the counterclaim for damages for the loss of parking spaces at the condominium. See Welleby, 561 So. 2d at 7. The Fourth Di…
Authorities Cited
- Park Lane Condo. Ass'n, Inc. v. Corazon DePADUA, 558 So. 2d 85 (Fla. 1st DCA 1990)