Narrative Opinion Summary
Homeowners successfully enforced restrictive covenants in their subdivision deed but were denied attorneys' fees, despite the "Declaration of Restrictions" explicitly providing for such awards. The court held that by accepting the subdivision deed, the buyer is contractually obligated to adhere to its provisions, including the provision for attorneys' fees for enforcement. Consequently, the trial court was required to award attorneys' fees to the enforcing party. The order denying the homeowners' attorneys' fees was reversed, and the case was remanded for the court to assess reasonable attorneys' fees. The decision cites Strader v. Oakley, 410 So.2d 954 (Fla. 1st DCA 1982) as precedent. Judges BOOTH, C.J., JOANOS, and ZEH-MER concurred.
Legal Issues Addressed
Contractual Obligation to Pay Attorneys' Feessubscribe to see similar legal issues
Application: The court held that accepting the subdivision deed contractually obliges the buyer to adhere to its provisions, including those for attorneys' fees, mandating an award to the enforcing party.
Reasoning: The court held that by accepting the subdivision deed, the buyer is contractually obligated to adhere to its provisions, including the provision for attorneys' fees for enforcement.
Court's Duty to Award Attorneys' Feessubscribe to see similar legal issues
Application: The trial court's denial of attorneys' fees was found incorrect, requiring a reversal and remand to assess reasonable fees, as per the deed's explicit provision.
Reasoning: The order denying the homeowners' attorneys' fees was reversed, and the case was remanded for the court to assess reasonable attorneys' fees.
Enforcement of Restrictive Covenantssubscribe to see similar legal issues
Application: The court recognized that homeowners successfully enforced the restrictive covenants in their subdivision deed, thereby obligating the buyer to adhere to its provisions.
Reasoning: Homeowners successfully enforced restrictive covenants in their subdivision deed...
Precedential Support for Awarding Attorneys' Feessubscribe to see similar legal issues
Application: The decision was supported by precedent, specifically citing Strader v. Oakley as a reference for similar cases involving the enforcement of subdivision deed provisions.
Reasoning: The decision cites Strader v. Oakley, 410 So.2d 954 (Fla. 1st DCA 1982) as precedent.