WOOD v. CROSSROADS BLDG. CONDOMINIUM, 375 So.2d 338 (Fla.App. 4 Dist. 1979)

DAVID S. WOOD, APPELLANT, v. THE CROSSROADS BUILDING CONDOMINIUM ASSOCIATION, INC., ETC., ET AL., APPELLEES.

Nos. 78-2699, 78-2780.District Court of Appeal of Florida, Fourth District.
September 6, 1979.

Consolidated appeals from Circuit Court, Palm Beach County; Edward Rodgers, Judge.

Larry Klein, West Palm Beach, and Richard E. Clark, North Palm Beach, for appellant.

John L. Avery, Jr., West Palm Beach, for appellees.

PER CURIAM.

AFFIRMED.

MOORE, J., and CROSS, SPENCER C., Associate Judge, concur.

DAUKSCH, JAMES C., Jr., Associate Judge, dissents with opinion.

DAUKSCH, JAMES C., Jr., Associate Judge, dissenting:

I respectfully dissent.

While I agree the injunction was properly granted I find no basis for the award of attorney’s fees. That is not to say there was no basis in fact for such an award. It just is not shown in the record and the majority decision is to affirm that unfounded award. I would issue our order requiring any evidence of the condominium documents to be furnished this court for our review in order to determine whether attorneys fees were properly awarded. After all, attorneys fees are only allowed in certain cases and it has not been shown this is one of them. Kittel v. Kittel, 210 So.2d 1 (Fla. 1967).