THE HILLS OF INVERRARY CONDOMINIUMS, INC., A NON-PROFIT FLORIDA CORPORATION, APPELLANT,
v.
DAVID SLACHTER, TRUSTEE, LEONARD SLOANE & MERRIAM SLOANE, HIS WIFE, APPELLEES
THE HILLS OF INVERRARY CONDOMINIUMS, INC., A NON-PROFIT FLORIDA CORPORATION, APPELLANT,
DAVID SLACHTER, TRUSTEE, LEONARD SLOANE & MERRIAM SLOANE, HIS WIFE, APPELLEES
444 So. 2d 1132
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse and remand with instructions to award attorney’s fees to appellant, The Hills of Inverrary Condominiums, Inc., upon authority of Dolphin Towers Condominium Association, Inc. v. Del Bene, 388 So. 2d 1268 (Fla.2d DCA 1980); Reineke v. McKinstry, 445 So. 2d 361 (Fla. 4th DCA 1984); In re Lewis, 442 So. 2d 290 (Fla. 4th DCA 1984).
REVERSED and REMANDED.
ANSTEAD, C.J., and BERANEK and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Alhambra Homeowners Ass'n, Inc. v. Adnan Asad, 943 So. 2d 316 (Fla. 4th DCA 2006)…as well as those in which a defendant might prevail on the merits, when it provided for the allowance of attorney fees to the prevailing party.” Id. This court has cited Dolphin Towers with approval. See Hills of Inverrary Condos., Inc. v. Slachter, 444 So. 2d 1132 (Fla. 4th DCA 1984). Applying the general rule consistent with Dolphin Towers, we conclude that the Asads were the prevailing parties in the first suit. They correctly asserted the defense of failure of a condition precedent. In the face of á likel…
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Tula Moucha v. Burger King Corp., 450 So. 2d 335 (Fla. 5th DCA 1984)…rker’s compensation insurance coverage. The exclusionary provision of Section 440.11, is an affirmative defense and cannot be raised by a motion to dismiss. Walker v. I.T.D. Industries, Inc., 437 So. 2d 230 (Fla. 2nd DCA 1983); Gonzalez v. Addi Co., 444 So. 2d 1132 (Fla. 4th DCA 1984). The order dismissing Appellant’s complaint is reversed. ORFINGER, C.J., and COWART, J., concur.…
Authorities Cited
- Dolphin Towers Condo. Ass'n, Inc. v. DEL Bene, 388 So. 2d 1268 (Fla. 2d DCA 1980)
- P & H Additions, Inc. v. Acosta, 442 So. 2d 290 (Fla. 3d DCA 1983)
- In re Est. OF S. Cyrus Lewis, 442 So. 2d 290 (Fla. 4th DCA 1983)
- Reineke v. McKINSTRY, 445 So. 2d 361 (Fla. 4th DCA 1984)