Saturday, January 7, 2012

A Case From the Second on Attorney's Fees


In Alorda v. Sutton Place Homeowners Ass'n, 82 So. 3d 1077, 2012 Fla. App. LEXIS 43 (Fla. 2d DCA 2012), the court reversed an award of prevailing party attorney’s fees for a condominium association that filed suit against an owner for injunctive relief based on the fact that the owners had repeatedly failed to obtain homeowner’s insurance on their unit.  The opinion reasoned that courts cannot award fees based on a prevailing party theory where that party can never prevail because the complaint, on its face, fails to state a cause of action.  See,%202012/2D10-3966.pdf

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