CopyCited 22 times | Published | Florida 2nd District Court of Appeal
...ss-complaint was for rent due under the lease, which contained a provision for attorneys' fees for appellants had they prevailed. 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 718.125, enacted in 1978, could not operate to alter the obligations of the 1974 lease involved here....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 13391, 2010 WL 3488714
...[was] entitled to attorneys fees, Section
83.48, 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
719.111, Florida Statutes, (cooperative contracts)." Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...Our conclusion is not a finding that the purchase money mortgagor need not make his payments; it is, however, a holding that he cannot withdraw the funds to do so from the registry of the court. Passing next to the question of attorneys fees, we note the provisions of Section 718.125, Florida Statutes (Supp....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Red Top Cab and Baggage Company,
160 Fla. 882,
37 So.2d 160 (1948); Rivera v. Deauville Hotel, Employers Service Corporation,
277 So.2d 265 (Fla. 1973). Section
57.105, Florida Statutes, does not apply to the facts of this case, nor can appellee rely on Section
718.125, Florida Statutes, which governs only the condominium form of ownership....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1981 Fla. App. LEXIS 18735
...83.756 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 it relates to contract or lease between a condominium unit owner or association and a developer; F.S....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1989 WL 55940
...le because it lacked mutuality of obligation. Therefore, the buyers are entitled to the return of their deposit. However, we reverse the attorney's fee awarded to buyers. Although the trial court did not specify whether fees were awarded pursuant to section
718.125, Florida Statutes (1987), or section
57.105, Florida Statutes (1986), an award under either section would be incorrect in the instant case. Since buyers were only potential purchasers of a condominium unit and not a unit owner for purposes of section
718.125, the trial court erred if it awarded fees under this section....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1987 WL 3334
...The Complaint filed by the Plaintiff herein is hereby dismissed with prejudice, and a Judgment is entered in favor of the Defendant and against the Plaintiff on that Complaint. 4. That the Defendant, having prayed for attorney's fees in its Answer, pursuant to § 718.125, is hereby granted the right to present a Petition for Attorney's Fees to this Court....
...ereto for determining the issues contained in the Counterclaim filed by the Defendant. DONE AND ORDERED in Chambers, at Fort Lauderdale, Broward County, Florida, this 19 day of December, 1986. We decline to address the issue of attorney's fees under section 718.125, Florida Statutes (1985)....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida
...Other sections of the Florida Condominium Act, such as Fla. Stat. §
718.505 , allows for good faith noncompliance with disclosure requirements. Section
718.202, however, contains no good faith exception. . Fla. Stat. §
718.202 (5). . §
718.202(5) (emphasis added). . Fla. Stat. §
718.125 allows the prevailing party to recover attorneys' fees....
...This administrative rule sets forth the procedures a developer must follow if it alters documents required to be filed with the Division. See Garcia v. Swire,
2010 WL 1524230 at *4 (S.D.Fla. April 14, 2010). . Fla. Stat. §
718.502 (l)(a). . Fla. Stat. §
718.202 (l)(a). . Fla. Stat. §
718.125 ....
CopyCited 2 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 48541, 2010 WL 342256
...Plaintiff seeks rescission, the Court declaring the sales contract void, and for the return of her deposit plus interest and other damages pursuant to Florida Statutes §
718.202(5). Plaintiff is also seeking attorneys' fees and costs pursuant to Florida Statutes §
718.125....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1979 Fla. App. LEXIS 16244
is entitled to attorneys’ fees pursuant to Section
718.125, Florida Statutes (Supp.1978) which provides:
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 18920
PER CURIAM. Upon consideration of the appeal and cross-appeal, we affirm the judgment and denial of injunction on the merits of the issues presented but reverse the trial court’s denial of attorney’s fees and costs to appel-lee. § 718.125, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18514
...stated amount of damages and attorney’s fees for the defendants in the event of a default under the contract. 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....
CopyPublished | Florida 5th District Court of Appeal | 2007 WL 2403171
...Discovery is not complete and the testimony of Luque is not necessarily dispositive of the section
768.125 claim. There is evidence in the record *1066 that Luque was in fact significantly impaired by alcohol at the time of the accident. If the other elements of such a claim under section
718.125 are established and extrinsic evidence shows that intoxication did, in fact, cause or contribute to the accident, the fact that the drunkard himself denied that his intoxication contributed to the accident is not determinative of the claim....
