Legal Opinion

Sheila Diwaker v. Montecito Palm Beach Condominium Association

District Court of Appeal of Florida

Decided July 2, 2014No. 4D13-915PublishedCited by 26 opinions

1Opinion of the CourtCiklin, J.

Sheila Diwakar appeals the final judgment of foreclosure and an award of attorneys’ fees and costs entered in favor of Montecito Palm Beach Condominium Association, Inc. (“the Association”). She raises six issues on appeal, two of which have merit and which we therefore discuss. First, Diwakar contends the trial court erred in awarding attorneys’ fees in the absence of competent, substantial evidence supporting the award. We agree and reverse the award of fees. Because of the unique circumstances surrounding the issue of fees, we also remand for additional evidence to be taken on attorneys’…

2Cases cited9 opinions

  1. Rodriguez v. CampbellDistrict Court of Appeal of Florida · 1998
  2. Tutor Time Merger Corp. v. MeCabeDistrict Court of Appeal of Florida · 2000
  3. Brewer v. SolovskyDistrict Court of Appeal of Florida · 2006
  4. Effective Teleservices, Inc. v. SmithDistrict Court of Appeal of Florida · 2014
  5. Glantz and Glantz, PA v. ChinchillaDistrict Court of Appeal of Florida · 2009

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3Cited by26 opinions

  1. Colson v. State Farm Bank, F.S.B.District Court of Appeal of Florida · 2015
  2. Michel v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2016
  3. Thomas Petrovsky a/k/a Thomas J. Petrovsky and Nancy Petrovsky a/k/a Nancy R. Petrovsky v. HSBC Bank, USA, etc.District Court of Appeal of Florida · 2016
  4. Bruce Freiman v. National City Mortgage Co.District Court of Appeal of Florida · 2015
  5. David Davidian and Irma Davidian v. JP Morgan Chase Bank, National AssociationDistrict Court of Appeal of Florida · 2015

21 more not listed; retrieve them via the Exa API.

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