Appellate Court Finds Condominium Association Was Not Required to File a Responsive Pleading in a Small Claims Case in Order to Preserve its Claim for Attorney’s Fees
Miami, FL – February 17, 2024 -In French Village Condominium Association, Inc. v. Flynn, Case No. 4D2024-0680 (Fla. 4th DCA 2025), Lydecker LLP, led by the Chair of its Appellate Department, Forrest Andrews, obtained a reversal of an order denying a condominium association’s motion for attorney’s fees under Section 718.303(1), Florida Statutes.
The Plaintiffs filed an amended statement of claim against the condominium association in a small claims case. The condominium association timely filed a motion for attorney’s fees and costs, under Section 718.303(1), Florida Statutes, after the county court granted its motion for summary disposition and entered final judgment in its favor. The Plaintiffs opposed the attorney’s fee motion, arguing that “after [the Plaintiffs] filed [the] Amended Statement of Claim, at no time did the Defendant make any claim for attorney’s fees in any pleading filed on the docket.” The county court agreed and denied the motion.
The appellate court reversed, holding “that the association did not waive its claim for attorneys fees, as it was not required to file a responsive pleading in a small claims case, and it preserved its claim for fees in a motion to dismiss the original statement of claim and again in a separate, timely-filed post-judgment motion.”
About Lydecker
Lydecker is an AV-rated full-service law firm with over 150 attorneys Nationwide! The Firm has earned a strong and positive reputation for its tenacious defense and protection of the best interests of its clients, and for obtaining optimal results. Our long-standing relationships with our clients are grounded in mutual trust and an understanding of each client’s needs and goals.
Lydecker enjoys a diverse practice and accordingly serves a number of non-insurance and insurance clients. Some of the firm’s major practice areas include General Liability, Professional Liability, Construction Defect, Environmental, Product Liability, Employment, Insurance, Government, Bankruptcy & Banking, Appellate, Condominium & HOA, and Business, Corporate & Transactional.
