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FORTENBERRY PROF. BLDG. v. Zecman
Citations: 581 So. 2d 972; 1991 WL 105617Docket: 90-1932
Court: District Court of Appeal of Florida; June 20, 1991; Florida; State Appellate Court
A condominium association (Appellant) initiated a lawsuit against unit owners (Appellees) to foreclose a lien for a special assessment. The governing declaration mandated that delinquent unit owners are responsible for all costs, including reasonable attorney's fees, in any foreclosure actions by the Association. Although the lien was successfully foreclosed, the trial court denied the Association's claim for attorney's fees because the unit owners won a counterclaim for damages related to the destruction of a canopy they had a special property right in. The Association appealed the decision denying attorney's fees. The appellate court reversed the trial court's decision, stating that courts have no discretion to ignore contractual provisions regarding attorney's fees. Citing precedent, the court noted that the Association prevailed in the foreclosure action, even though the net recovery was offset by the counterclaim. The court emphasized that the existence of an offset does not negate the right to attorney's fees under the contract. The appellate court remanded the case, instructing the trial court to award the Association reasonable attorney's fees and costs. The decision was reversed and remanded with a concurrence from Judges Peterson and Antoon.