Nine Island Ave. Condo. Assoc., Inc. v. Siegel, 34 Fla. L. Wkly D2501a (3d DCA Dec. 2, 2009)

In this homeowner association dispute, the association obtained a stay from arbitration and petitioned the circuit court for a temporary injunction seeking access to a unit to make repairs.  The court denied the petition because the association had not established an “emergency” basis for relief.  The unit owner filed a motion for attorneys’ fees claiming that he was the prevailing party in the action.  The trial court granted the motion, but the appellate court reversed because the order was merely interlocutory and “did not end the litigation between the parties.”

Nine Island Avenue Condo. Assoc., Inc. v. Siegel, 34 Fla. L. Weekly D2501a (3d DCA Dec. 2, 2009)