LEDA LOYNAZ PACIFIC
v.
PENINSULA ASSOCIATION INC.
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This per curiam affirmance upholds a trial court's attorney's fees award in a condominium dispute. The court confirms that under Florida's Condominium Act, a prevailing party—including one who benefits from a voluntary dismissal—is entitled to recover reasonable attorney's fees even without an adjudication on the merits.
The court affirmed the award of attorney's fees to the prevailing party. Under § 718.303(1), the prevailing party in actions for failure to comply with condominium provisions is entitled to recover reasonable attorney's fees, even when the case is resolved by voluntary dismissal rather than adjudication on the merits.
[1] A prevailing party in an action for failure to comply with condominium provisions is entitled to recover reasonable attorney fees.
[2] A defendant may be considered the prevailing party entitled to attorney fees when a plaintiff voluntarily dismisses an action, even without an adjudication on the merits.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Actions at law or in equity, or both, for failure to comply with these provisions may be brought by the association or by a unit owner against. . . [t]he association. . . . The prevailing party in any such action . . . is entitled to recover reasonable attorney fees.”
Establishes the statutory basis for attorney's fees awards under the Condominium Act.
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Join FLexlaw to unlock all legal intelligenceThe case involves a dispute between a unit owner (Leda Loynaz Pacific) and a condominium association (Peninsula Association Inc.) concerning complianc…
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PER CURIAM.
Affirmed.
See § 718.303(1), Fla. Stat. (2026) (“Actions at law or in equity, or both, for failure to comply with these provisions may be brought by the association or by a unit owner against. [t]he association. . . . The prevailing party in any such action is entitled to recover reasonable attorney fees.”); Mack v. Univ. Prop. & Cas. Ins. Co., 321 So. 3d 901, 903 (Fla. 2d DCA 2021) (finding the trial court erred in denying appellant's motion for attorney's fees under section 718.303(1), the attorney's fees provision of the Condominium Act); see also Catamaran B.Y., Inc. v. Giordano, 337 So. 3d 439, 441 (Fla. 3d DCA 2022) (“The general rule in Florida is that when a plaintiff voluntarily dismisses an action, the defendant is the prevailing party. It is not necessary for there to be an adjudication on the merits in order to be entitled to fees as a prevailing party.”) (quotations omitted); Viler v. Univ. Prop. & Cas. Ins. Co., 386 So. 3d 941, 943 (Fla. 4th DCA 2024) (“After entry of a voluntary dismissal, attorney's fees can be awarded to the so-called prevailing party under [a] statutory provision where the case was not resolved on the merits.”); Wellness Ctr. of London Square, Inc. v. DHL Express (USA), Inc., 393 So. 3d 752, 753 (Fla. 3d DCA 2024) (“Because Wellness Center has not provided us a transcript of the evidentiary hearing where the lower court addressed attorney's fees, and the face of the record reveals no error in the court's calculation of the fee amount awarded to [appellee], we must affirm the fee award.”) (quoting Myret, LLC v. Grp. LX, Inc., 245 So. 3d 1024, 1024 (Fla. 3d DCA 2018)); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or an alternate theory.”)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Derhem v. Bay House Miami Condo. Ass'n (S.D. Fla. 2025)…ould not apply, given Defendants unambiguous success on Claims II through IV. Accordingly, we find that Defendants are entitled to their reasonable attorneys' fees for prevailing on Claims II through IV. See Viler v. Universal Prop. & Cas. Ins. Co., 386 So. 3d 941, 944 (Fla. 4th DCA 2024) (awarding attorneys' fees to the prevailing party under section 718.303(1)); Zambrano v. Indian Creek Holdings, LLC, No. 09-20453-Civ-Huck, 2009 WL 4546634, at *2 (S.D. Fla. Nov. 30, 2009) (same). 3. Negligence Claim Defen…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Mack v. Universal Prop. & Cas. Ins. Co., 321 So. 3d 901 (Fla. 2d DCA 2021)
- Leena Margit Viler v. Universal Prop. & Cas. Ins. Co., 386 So. 3d 941 (Fla. 4th DCA 2024)
- Myret v. Grp. Lx, 245 So. 3d 1024 (Fla. 3d DCA 2018)