ALHAMBRA HOMEOWNERS ASS'N, INC. v. ASAD

No. 4D06-835.

943 So.2d 316 (2006)

ALHAMBRA HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, Appellant, v. Adnan ASAD, Wafa Asad, Issa Asad, and Noha Asad, Appellees.

District Court of Appeal of Florida, Fourth District.

December 13, 2006.


Attorney(s) appearing for the Case

Lawrence D. Bache of Law Office of Lawrence D. Bache, Pembroke Pines, for appellant.

Roger G. Pickles of Law Office of Robert P. Kelly, Hollywood, for appellees.


GROSS, J.

In this case we hold that a defendant is entitled to recover attorney's fees under a statute awarding fees to the prevailing party in litigation after the plaintiff took a voluntary dismissal without prejudice. We apply the general rule even though the plaintiff subsequently refiled the identical lawsuit and ultimately prevailed.

On April 13, 2005, Alhambra Home-owners Association filed a complaint for injunctive relief and damages against appellees...

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