Slavica Raffay, F/K/A Slavica Nikolic, and Attila Raffay v. Longwood House Condominium Association, Inc., Etc.

• Court: District Court of Appeal of Florida
• Decided: February 5, 2025
• Docket: 3D2024-1183
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 5, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1183 Lower Tribunal No. 19-22104-CA-01 ________________

Slavica Raffay, f/k/a Slavica Nikolic, and Attila Raffay, Appellants,

vs.

Longwood House Condominium Association, Inc., etc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge.

Slavica Raffay and Attila Raffay, in proper persons.

Cole, Scott and Kissane, P.A., and Scott A. Cole and Francesca M. Stein, for appellee.

Before EMAS, LINDSEY and GORDO, JJ.

PER CURIAM. Affirmed. See Raffay v. Longwood House Condo. Ass’n, 389 So. 3d

589 (Fla. 3d DCA 2023) (affirming the trial court’s entry of final summary

judgment in favor of appellee); § 718.303(1), Fla. Stat. (2024) (providing in

pertinent part that, where a unit owner brings an action against the

association for failure to comply with the declaration of condominium, “[t]he

prevailing party in any such action . . . is entitled to recover reasonable

attorney fees.”); § 768.79(7)(a), Fla. Stat. (2024) (offer of judgment statute,

providing in pertinent part: “If a defendant serves an offer which is not

accepted by the plaintiff, and if the judgment obtained by the plaintiff is at

least 25 percent less than the amount of the offer, the defendant shall be

awarded reasonable costs, including investigative expenses, and attorney's

fees, calculated in accordance with the guidelines promulgated by the

Supreme Court . . . .”). See also D'Oleo-Valdez v. State, 531 So. 2d 1347,

1348 (Fla. 1988) (“Normally, the failure to object to error, even constitutional

error, results in a waiver of appellate review.” (citing Sanford v. Rubin, 237

So. 2d 134 (Fla. 1970))).