718.125
Attorney’s fees.
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718.125 Attorney’s fees.—If a contract or lease between a condominium unit owner or association and a developer contains a provision allowing attorney’s fees to the developer, should any litigation arise under the provisions of the contract or lease, the court shall also allow reasonable attorney’s fees to the unit owner or association when the unit owner or association prevails in any action by or against the unit owner or association with respect to the contract or lease.
History.—s. 9, ch. 78-340.
Notes of Decisions
Cited in 13
cases, 1979–2012 · leading case: Florida Hurricane Protection & Awning, Inc. v. Pastina
Florida Hurricane Protection & Awning, Inc. v. Pastina (2010)
“48, Florida Statutes, (residential rental agreements), or that if a contract provided prevailing party attorney's fees to one party, the other party [was] also entitled to prevailing party attorneys fees, Section 718.125, Florida Statutes, (condominium contracts), Section 719.”
Saul v. Basse (1981)
“Therefore argue appellees, a fee for their own attorney for successfully resisting the cross-complaint is authorized by section 718.125, Florida Statutes. It's a bit late for appellees to advance such an argument, but in any event it has no merit because section 718.”
Commodore Plaza at Century 21 Condominium Ass'n v. Cohen (1979)
“Appellant contends it is entitled to attorneys’ fees pursuant to Section 718.125, Florida Statutes (Supp.1978) which provides: If a contract or lease between a condominium unit owner or association and a developer contains a provision allowing attorney’s fees to the developer,…”
Bruno v. Mona Lisa at Celebration, LLC (In re Mona Lisa at Celebration, LLC) (2012)
“Fla. Stat. § 718.125 allows the prevailing party to recover attorneys' fees.”
Cole v. Angora Enterprises, Inc. (1981)
“Passing next to the question of attorneys fees, we note the provisions of Section 718.125, Florida Statutes (Supp. 1978) which provides: If a contract or lease between a condominium unit owner or association and a developer contain a provision allowing attorneys fees to the…”
TERRACES OF BOCA ASSOC. v. Gladstein (1989)
“Although the trial court did not specify whether fees were awarded pursuant to section 718.125, Florida Statutes (1987), or section 57.”
Degirmenci v. Sapphire-Fort Lauderdale, Lllp (2010)
“Plaintiff is also seeking attorneys’ fees and costs pursuant to Florida Statutes § 718.125. Count V seeks rescission and the return of her deposit because of Developer’s false and misleading statements violated her rights under Florida Statutes § 718.”
Slater v. Breakwater Homes Ass'n (1982)
“Under the circumstances of this case we find no merit in appellee's contention that appellant's payment of the judgment awarding attorneys fees, to avoid execution, terminated her right of appeal.”
Village of Palm Springs v. RETIREMENT BUILDERS (1981)
“756 provides the court may also allow reasonable attorney's fees to the mobile home owner whenever he prevails in any action by or against him if the rental agreement contains a provision allowing attorney's fees to the mobile home park owner; to a like effect is F.S. 718.125 as…”
WELLEBY CONDO. ASS'N ONE v. W. Lyon Co. (1987)
“We decline to address the issue of attorney's fees under section 718.125, Florida Statutes (1985).”
Turnberry Towers Corp. v. Mechoulam (1983)
“The plaintiff Mecho-ulam obtained a final summary judgment below in his favor and a subsequent order awarding him attorney’s fees under Section 718.125, Florida Statutes (1982), which provides as follows: Attorney’s fees.”
Kendall Acres West Condominium Ass'n v. O'Brien (1982)
“§ 718.125, Fla.Stat. (1979). Remanded for hearing to determine attorney’s fees and costs.”
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