Legal Opinion

Mitchell v. BEACH CLUB OF HALLANDALE CONDO. ASSOC. INC.

District Court of Appeal of Florida

Decided September 23, 2009No. 4D08-2123, 4D09-1903PublishedCited by 3 opinions

1Opinion of the CourtWarner, J.

The trial court dismissed appellant’s complaint for an injunction to prevent the levy of a condominium special assessment, without prejudice to refile a complaint which met the “jurisdictional limits” of the court. Because the complaint sought an injunction for which the circuit court has subject matter jurisdiction, we reverse the order of dismissal as well as the order granting prevailing party attorney’s fees in favor of the condominium association.

After his condominium association passed a resolution imposing a special assessment of $1,299,895, amounting to $4,194 per unit, appellant…

2Cases cited4 opinions

  1. Hobbs v. WeinkaufDistrict Court of Appeal of Florida · 2006
  2. Shaw v. SchlusemeyerDistrict Court of Appeal of Florida · 1996
  3. Accardi v. HsiaDistrict Court of Appeal of Florida · 2005
  4. Baldwin Sod Farms, Inc. v. CorriganDistrict Court of Appeal of Florida · 1999

3Cited by3 opinions

  1. Hollywood Towers Condominium Ass'n v. HamptonDistrict Court of Appeal of Florida · 2010
  2. Briarwinds Condominium Ass'n v. RigsbyDistrict Court of Appeal of Florida · 2010
  3. Emma Gomez Torres v. Brickell Key One Condominium Association, Inc.District Court of Appeal of Florida · 2023

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