Obers v. Prince

Florida Circuit Courts

Obers v. Prince

22 Fla. Supp. 2d 177

CourtCircuit Court for the Judicial Circuits of Florida

DecidedApril 13, 1987

DocketCase No. 86-112 AP (County Court Case No. 85-23340SP05)

StatusPublished

This text of 22 Fla. Supp. 2d 177 (Obers v. Prince) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Obers v. Prince, 22 Fla. Supp. 2d 177 (Fla. Super. Ct. 1987).

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Opinion

OPINION OF THE COURT

PER CURIAM.

Appellant successfully recovered their security deposit from their landlord after a non-jury trial.

The trial judge denied their application for legal fees. Section 83.49(3)(c), Florida Statutes (1985), provides for the prevailing party to recover legal fees in residential tenancy actions concerning the retention of security deposits.

[178]*178An award of attorney’s fees pursuant to this statute is mandatory, not discretionary. See Durene v. Alcine, 448 So.2d 1208 (Fla. 3d DCA 1984).

We note that Appellee has not favored this court with a brief. Therefore, on the record presented, we have not been apprised of any legal basis for the trial court’s rejection of the application for legal fees.

We reverse and remand with directions to award appellants reasonable legal fees for services rendered in the trial court to recover the security deposit.

Reversed and remanded with directions.

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