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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION MANUELBLANCO,
MOTION FOR ATTORNEY'S FEES AND COSTS Respondent, THE VILLAGE OF KINGS CREEK CONDOMINIUM ASSOCIATION, INC., ("ASSOCIATION"), a Florida not-for-profit corporation, by and through undersigned counsel, and pursuant to Chapter 718, Florida Statutes (2000) and Chapter 61 B-45, Florida Administrative Code, hereby moves for an award of attorney's fees and costs against Petitioner MANUEL BLANCO ("BLANCO") and states:
1. ASSOCIATION was required
to file an answer to the instant arbitration proceeding after BLANCO made
a demand for a copy of minutes of a Board of Directors meeting.
3. ASSOCIATION put BLANCO on notice in the Answer filed in this Arbitration that it would be requesting an award of attorneys fees and costs in connection with this proceeding. 4. Pursuant to the Arbitrator’s Final Order, ASSOCIATION is the prevailing party as to all issues in the Arbitration proceeding. Helen Mar Condominium Association, Inc. V. Marshall, Fees Case No. 98-5146 (Final Order on Attorney's Fees/Draper/February 5, 1999); (A party is a prevailing party if it succeeds on a significant issue in the arbitration and achieves some of the benefit sought in bringing the action); Southport Condominium Association, Inc. V. Ricci, Fees Case No. 97-0337F (Final Order on Attorney's Fees/Draper/September 30, 1997) (association is the prevailing party where it obtained order requiring compliance with parking rules). 5. Florida Statute 718.1255(4)(f) provides in relevant part:
The prevailing party in an arbitration proceeding shall be awarded the
costs of the
The award of attorney's fees is mandatory since this case was filed after October 1, 1997. Carriage Houses of Fairfield Association, Inc., v. Oft, Fees Case No. 98-4752 (Final Order on Attorney's Fees/Draper/September 24, 1998). 6. ASSOCIATION seeks an award of attorney's fees and costs pursuant to §718.303, Florida Statutes, as well as The Declaration of Condominium which provides that a prevailing party is entitled to its attorney's fees and costs. (See Exhibit "A".)
7. The Affidavits of ASSOCIATION’s counsel are attached hereto as Exhibits
"B" and "C". The Affidavits set forth a specific description of the
time expended and hourly rates charged.
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by mail to: Manuel Blanco, 7915 Camino Real, Unit N-302, Miami, Florida 33143 on this 11th. day of April, 2001 and sent via FEDEX to Patricia Draper, Department of Business and Professional Regulation, Arbitration Section, 1940 North Monroe Street, Tallahassee, Florida, 32399-1029.
Respectfully submitted,
BY: SIGNATURE
According to attached: AFFIDAVIT OF JEREMY A.KOSS, ESQUIRE IN SUPPORT OF MTION FOR ATTORNEYS' FEES the BILLABLE GRAND TOTAL will be $ 2363.50 |