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Grand Oaks Homeowners' Ass'n v. Leonpacher

Citations: 8 So. 3d 381; 2009 Fla. App. LEXIS 1720Docket: Nos. 1D07-6624, 1D08-0743

Court: District Court of Appeal of Florida; March 2, 2009; Florida; State Appellate Court

Narrative Opinion Summary

The trial court's denial of Norm and Carolyn Leonpachers' motion for attorney's fees was addressed in this consolidated appeal, which affirmed all other issues. The Leonpachers had previously obtained summary judgment against the Grand Oaks Homeowners’ Association (GOHA) and subsequently filed for attorney's fees. Although the trial court recognized them as the prevailing party, it denied their request for fees. According to Section 720.305(1) of the Florida Statutes (2007) and Article XI, section 2 of GOHA’s declaration, a prevailing party is entitled to reasonable attorney’s fees. The appellate court found that the trial court erred in denying the Leonpachers' motion and ruled that they are entitled to receive the fees. The decision was affirmed in part and reversed in part, with Justices Allen, Van Nortwick, and Roberts concurring.

Legal Issues Addressed

Appellate Review of Trial Court Decisions on Attorney's Fees

Application: The appellate court reversed the trial court's decision regarding the denial of attorney's fees, affirming the Leonpachers' entitlement to such fees.

Reasoning: The appellate court found that the trial court erred in denying the Leonpachers' motion and ruled that they are entitled to receive the fees.

Entitlement to Attorney's Fees under Florida Statutes Section 720.305(1)

Application: The appellate court found that the trial court erred in denying attorney's fees to the Leonpachers despite them being recognized as the prevailing party.

Reasoning: According to Section 720.305(1) of the Florida Statutes (2007) and Article XI, section 2 of GOHA’s declaration, a prevailing party is entitled to reasonable attorney’s fees.

Prevailing Party Recognition and Attorney's Fees

Application: The Leonpachers were recognized as the prevailing party in their case against the Grand Oaks Homeowners’ Association, which typically entitles them to attorney's fees.

Reasoning: Although the trial court recognized them as the prevailing party, it denied their request for fees.