Village of Kings Creek Condominium Ass'n v. Goldberg

We conclude that the plaintiff Village of Kings Creek Condominium Association was not, as urged, the prevailing party in this litigation and therefore was not entitled to an award of attorney’s fees under Section 718.303(1), Florida Statutes (1989); we accordingly affirm the order under review denying such attorney’s fees.

Contrary to the plaintiff’s argument, the equitable relief fashioned by the trial court below was considerably different from that requested by the plaintiff. The plaintiff sought an injunction requiring the defendant Ellen Goldberg to remove a certain metal screening which…