Welleby Condominium Ass'n One v. Brown

District Court of Appeal of Florida

Welleby Condominium Ass'n One v. Brown

561 So. 2d 7, 1990 Fla. App. LEXIS 2957, 1990 WL 54987

CourtDistrict Court of Appeal of Florida

DecidedMay 2, 1990

DocketNo. 89-1162

StatusPublished

Cited by4 cases

This text of 561 So. 2d 7 (Welleby Condominium Ass'n One v. Brown) 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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Welleby Condominium Ass'n One v. Brown, 561 So. 2d 7, 1990 Fla. App. LEXIS 2957, 1990 WL 54987 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We affirm the trial court’s order awarding appellee attorney’s fees as the prevailing party in an action filed by appellant to recover condominium assessments. Appellant did, however, prevail on appellee’s counterclaim for damages for the loss of parking spaces at the condominium. Therefore, we reverse that part of the order which denied appellant’s claim for attorney’s fees and remand this cause for a determination and award of a reasonable sum for attorney’s fees incurred by appellant in defense of this count of the counterclaim. See Park Lane Condominium Association, Inc. v. DePadua, 558 So.2d 85 (Fla. 1st DCA Feb. 28, 1990).

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DOWNEY, DELL and WARNER, JJ., concur.

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PER CURIAM.

We affirm the trial court’s order awarding appellee attorney’s fees as the prevailing party in an action filed by appellant to recover condominium assessments. Appellant did, however, prevail on appellee’s counterclaim for damages for the loss of parking spaces at the condominium. Therefore, we reverse that part of the order which denied appellant’s claim for attorney’s fees and remand this cause for a determination and award of a reasonable sum for attorney’s fees incurred by appellant in defense of this count of the counterclaim. See Park Lane Condominium Association, Inc. v. DePadua, 558 So.2d 85 (Fla. 1st DCA Feb. 28, 1990).

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DOWNEY, DELL and WARNER, JJ., concur.

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561 So. 2d 7, 1990 Fla. App. LEXIS 2957, 1990 WL 54987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welleby-condominium-assn-one-v-brown-fladistctapp-1990.

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