Don’t Create an Attorney’s Fees Waiver Argument

Here’s a situation you’d like to avoid because it creates an unnecessary waiver argument with respect to attorney’s fees. In a dispute between a condominium association and unit owner, the unit owner sued his association for injunctive relief, negligence, and breach of contract. The parties entered an agreed order on the unit owner’s injunctive relief claim against the association, and identified the unit owner as the prevailing party. The parties then entered an agreed order that granted the unit owner entitlement to fees and an evidentiary was held on the fees. The trial court entered a judgment as to the attorney's...

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