Narrative Opinion Summary
Ralph Udick, a property owner and member of the Harbor Hills Homeowner’s Association, appealed the trial court's judgment that awarded attorney’s fees to the Appellees: Harbor Hills Development, L.P., H.H.C.C. Inc., and Michael Rich. The trial court granted these fees based on section 720.305(1) of the Florida Statutes and the Declaration of Covenants for Harbor Hills. The appellate court reversed this decision, noting that prior to the lawsuit, Udick had requested mediation in accordance with section 720.311 of the Florida Statutes, but the Appellees did not participate. Consequently, the court ruled that the Appellees were not entitled to attorney’s fees or costs. The case was reversed and remanded for further proceedings. Judges Orfinger, Wallis, and Associate Judge Traver concurred with the decision.
Legal Issues Addressed
Awarding of Attorney's Fees under Florida Statutes Section 720.305(1)subscribe to see similar legal issues
Application: The trial court initially awarded attorney's fees to the Appellees based on this statute and the Declaration of Covenants for Harbor Hills.
Reasoning: The trial court granted these fees based on section 720.305(1) of the Florida Statutes and the Declaration of Covenants for Harbor Hills.
Requirement for Mediation under Florida Statutes Section 720.311subscribe to see similar legal issues
Application: The appellate court found that the Appellees were not entitled to attorney's fees because they failed to participate in mediation as requested by Udick, which was a necessary step according to the statute.
Reasoning: The appellate court reversed this decision, noting that prior to the lawsuit, Udick had requested mediation in accordance with section 720.311 of the Florida Statutes, but the Appellees did not participate.
Reversal of Attorney's Fees and Costs Awardsubscribe to see similar legal issues
Application: The appellate court reversed the trial court's judgment awarding attorney's fees and costs, ruling that the Appellees were not entitled to such fees due to their non-participation in mediation.
Reasoning: Consequently, the court ruled that the Appellees were not entitled to attorney’s fees or costs. The case was reversed and remanded for further proceedings.