RICHARD M. SAMUEL v. HAMPTONS WEST CONDOMINIUM ASSOCIATION INC.

Third District Court of Appeal
State of Florida
Opinion filed November 2, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1813
Lower Tribunal No. 21-5567
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Richard M. Samuel,
Appellant,
vs.
Hamptons West Condominium Association, Inc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Mark
Blumstein, Judge.
Richard Samuel, in proper person.
Backer Aboud Poliakoff & Foelster, LLP, and Kenneth E. Zeilberger
(Boca Raton), for appellee.
Before EMAS, HENDON and BOKOR, JJ.
PER CURIAM.
Affirmed. See § 718.1255(4)(m), Fla. Stat. (2022) (providing: “Any
party to an arbitration proceeding may enforce an arbitration award by filing
a petition in a court of competent jurisdiction in which the condominium is
located. A petition may not be granted unless the time for appeal by the filing
of a complaint for trial de novo has expired. If a complaint for a trial de novo
has been filed, a petition may not be granted with respect to an arbitration
award that has been stayed. If the petition for enforcement is granted, the
petitioner shall recover reasonable attorney fees and costs incurred in
enforcing the arbitration award”); 51 Island Way Condo. Ass'n, Inc. v.
Williams, 458 So. 2d 364, 366 (Fla. 2d DCA 1984) (“[T]here need not be a
determination on the merits in a lawsuit for purposes of a fee award if the
applicable statutory provision provides for fees to a ‘prevailing party’”)
(citation omitted). See also Catamaran B.Y., Inc. v. Giordano, 337 So. 3d
439, 441 (Fla. 3d DCA 2022) (“It is not necessary for there to be an
adjudication on the merits in order to be entitled to fees as a prevailing party”)
(quoting Valcarcel v. Chase Bank USA NA, 54 So. 3d 989, 990 (Fla. 4th DCA
2010)).
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