Legal Opinion
Brown v. Gardens by the Sea South Condominium Ass'n
District Court of Appeal of Florida
Decided January 5, 1983No. 81-1292PublishedCited by 24 opinions
1Opinion of the Court
WALDEN, Judge.
This appeal challenges the denial of appellants’ claim for attorney fees in the trial court. We hold that such denial was error and reverse.
The base litigation involved the validity of a long term condominium recreation lease. Appellants, defendants in the trial court, prevailed.
Appellants did not plead their entitlement to attorney fees in their answer and affirmative defenses. The matter of attorney fees was first raised in the appellants’ formal pleadings when after judgment they filed their verified motion for attorney fees.
It is axiomatic that attorney fees may be allowed…
Also in this document: Concurrence.
2Cases cited5 opinions
- Falovitch v. GUNN & GUNN CONST. CO.District Court of Appeal of Florida · 1977
- Rustic Village, Inc. v. FriedmanDistrict Court of Appeal of Florida · 1982
- OCALA MUSIC & MARINE CTR. v. CaldwellDistrict Court of Appeal of Florida · 1980
- Mainlands of Tamarac by the Gulf Unit No. Four Ass'n v. MorrisDistrict Court of Appeal of Florida · 1980
- Marrero v. CaveroDistrict Court of Appeal of Florida · 1981
3Cited by24 opinions
- Horowitch v. DIAMOND AIRCRAFT INDUSTRIES, INC.Court of Appeals for the Eleventh Circuit · 2011
- Green v. SUN HARBOR HOMEOWNERS'ASS'NSupreme Court of Florida · 1998
- Leitman v. BooneDistrict Court of Appeal of Florida · 1983
- Donald Frederick Evans and Associates, Inc., D/B/A the Evans Group, Etc., Cross-Appellee v. Continental Homes, Inc., a Florida Corporation, Complete Interiors, Inc., a Florida Corporation, and David Mann Meadows, Cross- Donald Frederick Evans and Associates, Inc., Cross v. David Mann Meadows, an Individual, Complete Interiors, Inc., D/B/A Continental Homes, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986
- Heindel v. Southside Chrysler-Plymouth, Inc.District Court of Appeal of Florida · 1985
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