BURNSTEIN v. 5838 CONDOMINIUM, INC.

No. 83-235.

430 So.2d 572 (1983)

Henry BURNSTEIN, Appellant, v. 5838 CONDOMINIUM, INC., Appellee.

District Court of Appeal of Florida, Third District.

May 3, 1983.


Attorney(s) appearing for the Case

Erskine & Fleisher, Miami Beach, for appellant.

Smith & Mandler, Miami Beach, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.


PER CURIAM.

Where a condominium association obtained a preliminary injunction against a tenant for noise abatement during the pendency of the main claims — a complaint for eviction and counterclaim for breach of lease agreement — the condominium association was not a prevailing party for the purpose of attorney's fees because the preliminary injunction was entered as an interlocutory order, and the case remained to be determined on the merits. There...

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