ELMER M. POWELL AND ALICE S. POWELL; JACKSON G. BEATTY; JAMES H. COBB AND MAXINE COBB; LUCIANO GHERARDI AND MARTHA MCPHERSON; RICHARD HOLZHAUSEN AND AURORA HOLZHAUSEN, APPELLANTS,
v.
SHUMANN INVESTMENTS, INC., A FLORIDA CORPORATION, APPELLEES
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PER CURIAM.
This is an appeal by homeowners who successfully enforced restrictive covenants in their subdivision deed and were denied an award of attorneys fees in spite of the fact that the “Declaration of Restrictions” expressly provided for such an award in favor of enforcing parties.
We hold that by accepting a subdivision deed which embodies a provision for attorney’s fees for enforcement of restrictions contained therein, the buyer becomes contractually bound to abide by its provisions, and the trial court was obliged by the contract to assess attorney’s fees and costs in favor of the enforcing party.
Therefore we reverse the order denying appellant’s attorneys’ fees on grounds that the covenant expressly provided for such an award and remand so that the court may assess reasonable attorneys’ fees. See Strader v. Oakley, 410 So. 2d 954 (Fla. 1st DCA 1982).
Reversed and remanded.
BOOTH, C.J., and JOANOS and ZEH-MER, JJ., concur.
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Garvin v. Squiers, 502 So. 2d 47 (Fla. 2d DCA 1987)…ntitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of his attorney. We agree with the first district’s determination in Powell v. Shumann Investments, Inc., 492 So. 2d 850 (Fla. 1st DCA 1986), and hold that a buyer in a subdivision is bound by the provisions contained in a declaration of restrictions. Moreover, a homeowner successfully enforcing such restrictions is entitled to an award of attorney’s fees when such an…
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Lakewood ON THE Green Villas Ass'n, Inc. v. Pomerantz, 556 So. 2d 505 (Fla. 4th DCA 1990)…ub Condominium Association, Inc. v. Forte, 397 So. 2d 959 (Fla. 3d DCA 1981). See also Campbell v. A.B. Taff & Sons, Inc., 519 So. 2d 1039 (Fla. 1st DCA 1988); Garvin v. Squiers, 502 So. 2d 47 (Fla. 2d DCA 1987); Powell v. Shumann Investments, Inc., 492 So. 2d 850 (Fla. 1st DCA 1986). Appellee contends the trial court acted within its equitable jurisdiction in denying appellant attorney’s fees and proposes to distinguish the array of cases holding that the court has no discretion in the face of a clear contr…1 / 2
Authorities Cited
- Strader v. Oakley, 410 So. 2d 954 (Fla. 1st DCA 1982)