533 So. 2d 295

CORONADO CONDOMINIUM ASSOCIATION, INC., Appellant, v. Ben SCHER and Paula Scher, his wife, Appellees.

No. 87-2252.

District Court of Appeal of Florida, Third District.

Oct. 4, 1988.

Marlow, Shofi, Connell, Valerius, Abrams, Lowe & Adler and Joseph Lowe, Miami, for appellant.

Joyce M. Siemon, North Miami Beach, Richard J. Burton, Miami, for appellees.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

SCHWARTZ, Chief Judge.

The appellees, who are unit owners at the Coronado condominium, sued the appellant association for negligent maintenance of a sanitary sewer in the common elements, which resulted in a noxious back flow of effluent into the Schers’ apartment. They won an order requiring the association to conform with its duties under the condominium act, and, after a jury trial, $160,000 in money damages for personal injuries and property damage.

On this appeal from the judgment entered pursuant to the verdict, we find no harmful error in the trial which requires reversal. See Rohrback v. Dauer, 528 So. 2d 1362 (Fla. 3d DCA 1988). We also hold that the trial court properly assessed attorney’s fees in the appellees’ favor for the prosecution of the entire case under section 718.303(1), Florida Statutes (1987).1 In our view, the cause was, within the meaning of the statute, clearly an “[action] for damages or for injunctive relief, or both, for failure to comply with [those] provisions” of the condominium law and declaration which require the association properly to maintain the common elements. See § 718.113, Fla.Stat. (1987); Schmeck v. Sea *296 Oats Condominium Ass’n, 441 So.2d 1092 (Fla. 5th DCA 1983).

AFFIRMED.

Coronado Condominium Ass'n v. Scher
533 So. 2d 295

Case Details

Name
Coronado Condominium Ass'n v. Scher
Decision Date
Oct 4, 1988
Citations

533 So. 2d 295

Jurisdiction
Florida

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