Leda Loynaz Pacific v. Peninsula Association Inc.

Summary

The Third District Court of Appeal of Florida affirmed a trial court ruling in favor of Peninsula Association Inc. The opinion addresses entitlement to attorney’s fees under section 718.303(1), Florida Statutes, following a voluntary dismissal and discusses the prevailing-party rule.

Holdings

1. Under section 718.303(1), Florida Statutes, the prevailing party in an action concerning noncompliance with the Condominium Act is entitled to recover reasonable attorney's fees, and a defendant may qualify as the prevailing party after the plaintiff voluntarily dismisses the action even without an adjudication on the merits.
2. The appellate court would not disturb the fee disposition where the record did not provide a sufficient basis to resolve the underlying factual issues or demonstrate error.

Questions Presented

1. Whether the prevailing-party attorney's-fee provision in section 718.303(1), Florida Statutes, permits an award of reasonable attorney's fees to the association after the action was voluntarily dismissed.
2. Whether the appellate court could disturb the lower court's attorney's-fee disposition on the record presented.

Disposition

affirmed