From Casetext: Smarter Legal Research

Pacheco v. Lincoln Palace Condominium

District Court of Appeal of Florida, Third District
Mar 23, 1982
410 So. 2d 573 (Fla. Dist. Ct. App. 1982)

Opinion

Nos. 81-593, 81-689.

February 16, 1982. Rehearing Denied March 23, 1982.

Appeal from the Circuit Court, Dade County, Francis X. Knuck, J.

Robert H. Burns, Miami Beach, and Donald Mates, Hollywood, John A. Murray, Miami, for appellants.

Wolfson Diamond and J. William Kirkland, Miami Beach, for appellee.

Before HENDRY, BASKIN and DANIEL S. PEARSON, JJ.


Because appellant Pacheco was a potential purchaser and not a unit owner, and this is not an action between unit owners and/or their condominium association for breach of statutory or contractual provisions governing such associations, we reverse the attorney's fee award on behalf of Lincoln Palace. § 718.303(1), Fla. Stat. See Saul v. Basse, 399 So.2d 130 (Fla. 2d DCA 1981); The Fountains of Palm Beach Condominium, Inc. v. Farkas, 355 So.2d 163 (Fla. 4th DCA 1978).

The remainder of the summary final judgment is affirmed on the ground that the association properly refused to approve Pacheco's application based upon the restrictive covenant of the condominium bylaws prohibiting children under the age of twelve. White Egret Condominium, Inc. v. Franklin, 379 So.2d 346 (Fla. 1979).

Affirmed in part; reversed in part.


Summaries of

Pacheco v. Lincoln Palace Condominium

District Court of Appeal of Florida, Third District
Mar 23, 1982
410 So. 2d 573 (Fla. Dist. Ct. App. 1982)
Case details for

Pacheco v. Lincoln Palace Condominium

Case Details

Full title:DORIS PACHECO AND DULCE MARIE PUJOL, APPELLANTS, v. LINCOLN PALACE…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 23, 1982

Citations

410 So. 2d 573 (Fla. Dist. Ct. App. 1982)

Citing Cases

Turnberry Towers Corp. v. Mechoulam

We are compelled to reverse the order under review upon a holding that the purchase and sale agreement…

PEARLMAN v. LAKE DORA VILLAS MAMT

Cases are legion upholding condominium age restrictions. White Egret Condominium v. Franklin, 379 So.2d 346…