VILLA SORRENTO, INC. v. ELDEN

No. 84-425.

458 So.2d 1177 (1984)

VILLA SORRENTO, INC., Appellant, v. John ELDEN, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

November 7, 1984.


Attorney(s) appearing for the Case

Joseph A. Hubert and James D. Rudd of Watson, Hubert & Clark, Fort Lauderdale, for appellant.

Anthony J. Beisler, III of Anthony J. Beisler, III, P.A., Fort Lauderdale, for appellees.


BARKETT, Judge.

This appeal arises from an action between a cooperative association and a unit owner. The cooperative association prevailed on the merits. The lower court failed to award attorney's fees in accordance with section 719.303, Florida Statutes (1983). We reverse.

Appellees suggest that the statutory language in question, "[t]he prevailing party is entitled to attorney's fees," is not mandatory. Appellee suggests that the trial courts have discretion...

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