BROWN v. GARDENS BY THE SEA S. CONDO. ASS'N.

No. 81-1292.

424 So.2d 181 (1983)

John BROWN, Trustee, Rafael Queral, Joseph Manuel Unanue and Edward Abril Lamarque, Appellants, v. GARDENS BY THE SEA SOUTH CONDOMINIUM ASSOCIATION, Jorge Echarte, J.L. Echarte & Sons, Inc., and Peggy Cummins, Trustee, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

January 5, 1983.


Attorney(s) appearing for the Case

Thomas R. Tatum and Christine Petersen Tatum of Buck & Tatum, Fort Lauderdale, for appellants.

Harry G. Carratt of Morgan, Carratt and O'Connor, P.A., Fort Lauderdale, for appellee, Gardens By The Sea South Condominium Ass'n.


WALDEN, Judge.

This appeal challenges the denial of appellants' claim for attorney fees in the trial court. We hold that such denial was error and reverse.

The base litigation involved the validity of a long term condominium recreation lease. Appellants, defendants in the trial court, prevailed.

Appellants did not plead their entitlement to attorney fees in their answer and affirmative defenses. The matter of attorney fees was first raised in the appellants...

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