Legal Opinion · Dissent

Greenbriar Condominium Ass'n v. Padgett

District Court of Appeal of Florida

Decided July 31, 1991No. Nos. 90-1064, 90-1065Published

1DissentStone, Judge

I would affirm. It is apparent to me that Greenbriar sought leave of court “for leave to execute” because the prejudgment orders provided that execution on a subsequent final judgment would be stayed pending resolution of the other suit in which the appellees, unit owners, sued the appellant association. The judgment in this case was for the unit owner’s pro rata share of association litigation expenses in the other case.

The appellant asserts that the effect of denying its motion “for leave to execute” is to alter or modify the judgment by restricting its right to execute in the absence of…

2Cases cited2 opinions

  1. DeFilippis v. DeFilippisDistrict Court of Appeal of Florida · 1980
  2. Conner v. NE INTERN. AIRWAYS, INC.District Court of Appeal of Florida · 1989

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