Ivan Tre Katz v. Eastwood Pines Association, Inc.
CourtDistrict Court of Appeal of Florida
Date FiledNovember 17, 2021
Docket2D21-0166
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
IVAN TRE KATZ,
Appellant,
v.
EASTWOOD PINES ASSOCIATION, INC.,
Appellee.
No. 2D21-166
November 17, 2021
Appeal from the County Court for Pinellas County; John Carassas,
Judge.
Roy C. Skelton, Clearwater, for Appellant.
Adam C. Gurley of Rabin Parker Gurley, P.A., Clearwater, for
Appellee.
SMITH, Judge.
Ivan Katz, the owner of a condominium unit, challenges the
final summary judgment granting injunctive relief and awarding
fees and costs to the condominium association, Eastwood Pines
Association, Inc., in Eastwood's action seeking to require Mr. Katz
to stop leasing his unit to his named tenant under the terms of the
Declaration of Condominium and related association resolutions.
Based on the pleadings, admissions, and arguments raised, we
affirm without further comment that portion of the judgment
granting injunctive relief. However, the fees awarded in the
judgment lack specific findings related to the hourly rate and
number of hours reasonably expended as required by Florida
Patient's Compensation Fund v. Rowe, 472 So. 2d 1145, 1151 (Fla.
1985). "Our review of a fee award that lacks the specific findings
required by Rowe is not precluded due to lack of a transcript," and
absent specific written findings of the Rowe factors, reversal is
required. Lizardi v. Federated Nat'l Ins., 322 So. 3d 184, 190 (Fla.
2d DCA 2021). Accordingly, we reverse the fee award portion of the
final summary judgment and remand for the entry of a fee
judgment that includes the required findings under Rowe.
Affirmed in part; reversed in part.
CASANUEVA and BLACK, JJ., Concur.
Opinion subject to revision prior to official publication.
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