Joseph Riopelle, a Partner in our Tampa office, and Elaine Walters and Yvette Lavelle in the Firms Appellate Department recovered a substantial attorney’s fee award

Joseph Riopelle, a Partner in our Tampa office, and Elaine Walters and Yvette Lavelle in the Firms Appellate Department recovered a substantial attorney’s fee award for their trial court and appellate defense of a Florida condominium association. The condominium association prevailed on a significant issue at the non-jury trial wherein the trial court ruled that a condominium association may permissively enforce its Declaration provisions when the language in the Declaration does not require mandatory enforcement and successfully defended the appeal of same. Plaintiffs then appealed the Final Judgment of Attorney’s Fees awarded after the Firms successful defense of the non-jury trial and appeal of same arguing that there was no basis for the attorney’s fee award under Florida Statute or the Declaration. The Firms Appellate Department also successfully defended the appeal of the Final Judgment of Attorney’s Fees in favor of the association, which was upheld based on a fee shifting provision in the association’s declaration and section 718.303, Florida Statutes.