DOLPHIN TOWERS CONDOMINIUM ASS'N v. DEL BENE

No. 80-1070.

388 So.2d 1268 (1980)

DOLPHIN TOWERS CONDOMINIUM ASSOCIATION, INC., a Florida Corporation Not for a Profit, Appellant, v. Donald J. DEL BENE and Virginia Del Bene, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 21, 1980.


Attorney(s) appearing for the Case

Wayne C. Hall of Dickinson, O'Riorden, Gibbons, Quale, Shields & Carlton, Venice, for appellant.

Robert P. Rosin of Rosin, Abel, Band, Brown & Russell, Sarasota, for appellees.


HOBSON, Acting Chief Judge.

The issue of this appeal is whether, on voluntary dismissal of a unit owner's action against a condominium association, the condominium association becomes the prevailing party for purposes of an award of attorney fees under Section 718.303, Florida Statutes (1979). We answer in the affirmative, and reverse the circuit court's order denying the condominium association/defendant's motion for attorney fees.

Appellees, the Del Benes...

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