Home/District Court of Appeal of Florida/Neitlich v. Thirty-Three Sixty Condominium Ass'n

Neitlich v. Thirty-Three Sixty Condominium Ass'n

77 So. 3d 248, 2012 Fla. App. LEXIS 506, 2012 WL 126568
CourtDistrict Court of Appeal of Florida
DecidedJanuary 18, 2012
DocketNo. 4D10-3052
StatusPublished

This text of 77 So. 3d 248 (Neitlich v. Thirty-Three Sixty Condominium Ass'n) 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.

Bluebook
Neitlich v. Thirty-Three Sixty Condominium Ass'n, 77 So. 3d 248, 2012 Fla. App. LEXIS 506, 2012 WL 126568 (Fla. Ct. App. 2012).

Opinion

PER CURIAM.

The Neitlichs appeal the order awarding the condominium association attorney’s fees as the prevailing party. We affirm in all respects but one. We agree with the Neitlichs that it was error to award fees to attorney Perez-Martinez. Perez-Martinez failed to testify at the hearing and is therefore precluded from an award of attorney’s fees. See Quality Holdings of Fla., Inc. v. Selective Invs., IV, LLC, 25 So.3d 34 (Fla. 4th DCA 2009). On remand, the trial court shall issue an amended order which does not include hours billed by Perez-Martinez.

Reversed and remanded.

MAY, C.J., HAZOURI and DAMOORGIAN, JJ., concur.

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Related

Quality Holdings of Florida, Inc. v. Selective Investments, IV, LLC
25 So. 3d 34 (District Court of Appeal of Florida, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
77 So. 3d 248, 2012 Fla. App. LEXIS 506, 2012 WL 126568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neitlich-v-thirty-three-sixty-condominium-assn-fladistctapp-2012.