Case: AGM Development II, LLC v. Tower East Incorporated
Venue: Third District Court of Appeal
Thomas L. Hunker and Michael A. Rosenberg of CSK’s Plantation office obtained an affirmance of a dismissal of a counterclaim filed by a unit owner against a condominium association in retaliation for the association filing an action to foreclose on a lien for an unpaid special assessment. This was the unit owner’s second appeal after CSK obtained a dismissal of the unit owner’s first appeal as prematurely filed. The case was heavily litigated at the trial level resulting in awards of attorneys’ fees in favor of the association on its affirmative claim and for defense against the unit owner’s counterclaim. Unit owner raised numerous issues contesting the validity of the association’s board of directors, the passage of the special assessment, breach of fiduciary duty, and restrictions on rental of units. The appellate court affirmed the appeal in all respects including the judgments on the claim of lien, the counterclaim, and the two attorneys’ fee judgments in favor of the association. In addition, the appellate court granted the association’s motion for appellate attorneys’ fees for prevailing in the second appeal.