FORTUNE INTERN. v. M RESORT RESIDENCES

No. 3D11-846.

77 So.3d 741 (2011)

FORTUNE INTERNATIONAL HOSPITALITY, LLC, a Florida limited liability company (n/k/a Sunny Isles Hospitality, LLC), and Tangiers Beach Associates, a Florida general partnership, and Edgardo A. DeFortuna, Petitioners, v. M RESORT RESIDENCES CONDOMINIUM ASSOCIATION, INC., and Chicago Title Insurance Company, a Missouri for-profit corporation, Respondents.

District Court of Appeal of Florida, Third District.

November 23, 2011.


Attorney(s) appearing for the Case

Proskauer Rose , and Matthew Triggs , Lisa B. Markofsky , Andrew L. Hoffman , and C. Sanders McNew , Boca Raton, for petitioners.

Bruce M. Levine , Boca Raton; Lewis Stroud & Deustsch, and Gary Oldehoff , Boca Raton; Becker & Poliakoff, and David H. Rogel , for respondents.

Before SALTER and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.


SALTER, J.

The three petitioners, defendants below, developed a mixed-use real estate project that included condominium units and a hotel. The respondent is a condominium association of the 210 residential unit owners. The petition seeks to quash three non-final orders authorizing a receiver to pay the attorney's fees of the respondent prior to judgment in the underlying lawsuit. We grant the petition and quash the orders.

Facts and Procedural Background...

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