IMPERIAL TERRACE EAST HOMEOWNER'S ASSOCIATION, ETC., APPELLANTS,
v.
LOREN K. GRIMES AND JOANN P. GRIMES, ETC., APPELLEES

Fla. 5th DCA | 1995-01-20
No. 94-5
HARRIS, C.J., and PETERSON and THOMPSON, JJ., concur.
649 So. 2d 301 Florida District Court of Appeal, Fifth District (1995) Positive Treatment
Cited by 4 cases
Topics
Declaration Of Restrictions Costs Attorney'S Fees

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We withdraw our previous opinion and substitute the following:

The final summary judgement of foreclosure is affirmed except for the denial of costs and attorney’s fees requested by the appellant association. Because we have affirmed the actions of the trial court we find it unnecessary to accept the invitation to discuss the other points raised in the appeal and cross-appeal. The trial court relied upon the Declaration of Restrictions when it allowed the foreclosure of the lien for assessments. The Declaration also provided for attorney’s fees to be awarded to the prevailing party in foreclosure and the provision was non-discretionary. If any provisions of the Declaration are to be enforced, all must be enforced.

We remand for an award of fees and costs to the prevailing party.

AFFIRMED IN PART; REMANDED.

HARRIS, C.J., and PETERSON and THOMPSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Pelican BAY Homeowners Ass'n, Inc. v. Robert Sedita & Patricia Sedita, 724 So. 2d 684 (Fla. 5th DCA 1999)
    …he prevailing party in any litigation shall be entitled to attorney’s fees, the question before the court is not whether fees should be awarded; the issue is which is the prevailing party. See Imperial Terrace East Homeowner’s Association v. Grimes, 649 So. 2d 301 (Fla. 5th DCA 1995) (“If any provisions of the Declaration are to be enforced, all must be enforced”). A trial court has some discretion in determining which party prevailed when neither party has been vindicated fully, see Prosperi v.Code, Inc., 62…
  • Imperial Terrace E. Homeowner's Assoc., Inc. v. Grimes, 666 So. 2d 276 (Fla. 5th DCA 1996)
    …PER CURIAM. This matter1 is before us again upon the appellees’ motion to review the amount of the trial court’s award to the appellant for attorney’s fees incurred before this court in Imperial Terrace East Homeowner’s Ass’n v. Grimes, 649 So. 2d 301 (Fla. 5th DCA 1995). In this earlier ease, we affirmed the decision of the trial court except for its failure to award attorney’s fees and costs. On remand, the trial court awarded the sum of $23,898.65 for appellate attorneys fees, but added the f…

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