Florida District Courts of Appeal, 1979

Wood v. Crossroads Building Condominium Ass'n

Florida District Courts of Appeal · Decided September 6, 1979 · Cross, Dauksch, James, Moore, Spencer

375 So. 2d 338; 1979 Fla. App. LEXIS 15834 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

PAN AM. BANK OF TAMPA v. Sullivan (Fla. Dist. Ct. App. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Dissenting Opinion

DAUKSCH, JAMES C., Jr., Associate Judge,

dissenting:

I respectfully dissent.

While I agree the injunction was properly granted I find no basis for the award of attorney’s fees. That is not to say there was no basis in fact for such an award. It just is not shown in the record and the majority decision is to affirm that unfounded award. I would issue our order requiring any evidence of the condominium documents to be furnished this court for our review in order to determine whether attorneys fees were properly awarded. After all, attorneys fees are only allowed in certain cases and it has not been shown this is one of them. Kittel v. Kittel, 210 So.2d 1 (Fla. 1967).

Opinion of the Court

PER CURIAM.

AFFIRMED.

MOORE, J., and CROSS, SPENCER C., Associate Judge, concur. DAUKSCH, JAMES C., Jr., Associate Judge, dissents with opinion.

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