Coronado Condominium Ass'n v. Scher

District Court of Appeal of Florida

Coronado Condominium Ass'n v. Scher

533 So. 2d 295, 13 Fla. L. Weekly 2275, 1988 Fla. App. LEXIS 4392, 1988 WL 100917

CourtDistrict Court of Appeal of Florida

DecidedOctober 4, 1988

DocketNo. 87-2252

StatusPublished

Cited by1 cases

This text of 533 So. 2d 295 (Coronado Condominium Ass'n v. Scher) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Coronado Condominium Ass'n v. Scher, 533 So. 2d 295, 13 Fla. L. Weekly 2275, 1988 Fla. App. LEXIS 4392, 1988 WL 100917 (Fla. Ct. App. 1988).

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Opinion

SCHWARTZ, Chief Judge.

The appellees, who are unit owners at the Coronado condominium, sued the appellant association for negligent maintenance of a sanitary sewer in the common elements, which resulted in a noxious back flow of effluent into the Schers’ apartment. They won an order requiring the association to conform with its duties under the condominium act, and, after a jury trial, $160,000 in money damages for personal injuries and property damage.

On this appeal from the judgment entered pursuant to the verdict, we find no harmful error in the trial which requires reversal. See Rohrback v. Dauer, 528 So. 2d 1362 (Fla. 3d DCA 1988). We also hold that the trial court properly assessed attorney’s fees in the appellees’ favor for the prosecution of the entire case under section 718.303(1), Florida Statutes (1987).¹ In our view, the cause was, within the meaning of the statute, clearly an “[action] for damages or for injunctive relief, or both, for failure to comply with [those] provisions” of the condominium law and declaration which require the association properly to maintain the common elements. See § 718.113, Fla.Stat. (1987); Schmeck v. Sea [296]*296Oats Condominium Ass’n, 441 So.2d 1092 (Fla. 5th DCA 1983).

AFFIRMED.

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SCHWARTZ, Chief Judge.

The appellees, who are unit owners at the Coronado condominium, sued the appellant association for negligent maintenance of a sanitary sewer in the common elements, which resulted in a noxious back flow of effluent into the Schers’ apartment. They won an order requiring the association to conform with its duties under the condominium act, and, after a jury trial, $160,000 in money damages for personal injuries and property damage.

On this appeal from the judgment entered pursuant to the verdict, we find no harmful error in the trial which requires reversal. See Rohrback v. Dauer, 528 So. 2d 1362 (Fla. 3d DCA 1988). We also hold that the trial court properly assessed attorney’s fees in the appellees’ favor for the prosecution of the entire case under section 718.303(1), Florida Statutes (1987).¹ In our view, the cause was, within the meaning of the statute, clearly an “[action] for damages or for injunctive relief, or both, for failure to comply with [those] provisions” of the condominium law and declaration which require the association properly to maintain the common elements. See § 718.113, Fla.Stat. (1987); Schmeck v. Sea [296]*296Oats Condominium Ass’n, 441 So.2d 1092 (Fla. 5th DCA 1983).

AFFIRMED.

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533 So. 2d 295, 13 Fla. L. Weekly 2275, 1988 Fla. App. LEXIS 4392, 1988 WL 100917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coronado-condominium-assn-v-scher-fladistctapp-1988.

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