Legal Opinion
Vista St. Lucie Ass'n v. Dellatore
District Court of Appeal of Florida
Decided May 20, 2015No. 4D13-3906PublishedCited by 4 opinions
1Opinion of the CourtMay, J.
A condominium association appeals the denial of its motion for rehearing of two orders. The first order dismissed its complaint with prejudice, and the second awarded attorney’s fees and costs against it for non-compliance with a court order compelling discovery. It argues the trial court erred by failing to consider the required factors set forth in Kozel v. Ostendorf 629 So.2d 817 (Fla.1993), and in failing to make the requisite findings. We agree and reverse.
A trust owned a unit in Vista St. Lucie. On September 2, 2010, the association filed a two-count complaint against the co-trustees of…
2Cases cited5 opinions
- Kozel v. OstendorfSupreme Court of Florida · 1994
- Ham v. DunmireSupreme Court of Florida · 2004
- Tutor Time Merger Corp. v. MeCabeDistrict Court of Appeal of Florida · 2000
- Alsina v. GonzalezDistrict Court of Appeal of Florida · 2012
- DeMELLO v. BuckmanDistrict Court of Appeal of Florida · 2008
3Cited by4 opinions
- Bank of America, N.A. v. RibaudoDistrict Court of Appeal of Florida · 2016
- Dorothy Chappelle, Calvin Johnson and Evelyn Williams v. South Florida Guardianship Program, Inc.District Court of Appeal of Florida · 2015
- Gordon v. Gatlin Commons Property Owners Ass'nDistrict Court of Appeal of Florida · 2016
- THE BANK OF NEW YORK MELLON, ETC. v. MINERVA DIAZDistrict Court of Appeal of Florida · 2017