HASSANE ALAOUI, APPELLANT,
v.
WESTFIELD LAKES PROPERTY OWNERS, ETC., ET AL., APPELLEES
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Hassane Alaoui appealed a foreclosure judgment entered against him by a homeowners association seeking to foreclose its lien for unpaid assessments. While the court affirmed the summary judgment on liability and most damages issues, it reversed and remanded the attorney's fees award because genuine issues of material fact existed regarding a potentially duplicative $100 demand letter fee and three additional work hours.
The court affirmed summary judgment on liability and most damages issues but reversed and remanded the attorney's fees award because genuine issues of material fact existed as to the allegedly duplicative $100 demand letter fee and the three additional work hours predicted by the HOA's counsel. A hearing on these specific issues is required on remand.
[1] A genuine issue of material fact regarding attorney's fees may preclude summary judgment, even if the opposing party has not submitted counter-evidence, when the moving p…
[2] A fee charged for an intent to foreclose letter may be deemed duplicative if it is also included within an award of attorney's fees.
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Join FLexlaw to unlock all legal intelligence“because Alaoui has raised a genuine issue of material fact as to the award of attorney's fees in regards to the allegedly duplicative $100 demand letter fee and to the three additional hours the HOA's counsel predicted in his affidavit would be necessary to obtain the final judgment, we reverse the amount of attorney's fees awarded and remand for a hearing on those specific issues.”
States the court's holding that genuine issues of material fact preclude summary judgment on attorney's fees and require remand for a hearing
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Join FLexlaw to unlock all legal intelligenceAlaoui admitted liability for unpaid HOA assessments in his answer to the complaint. The HOA moved for summary judgment on all issues, including liabi…
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Hassane Alaoui appeals the final judgment of foreclosure entered in favor of Westfield Lakes Property Owner’s Association, Inc. (“HOA”) after the trial court granted a motion for summary judgment in the HOA’s action to foreclose its lien against Alaoui’s property for unpaid assessments. Alaoui admitted liability in his answer to the complaint. As to damages, however, he argues, inter alia, that the HOA charged him excessive and duplica-tive fees and that genuine issues of material fact exist as to the amount he owed the HOA. Alaoui also contends that the $100 demand letter fee was duplicated in the attorney’s fees award and that the attorney’s fee award exceeded the work actually performed by the HOA’s counsel by three work hours or $600.
We find no error in the trial court’s granting of summary judgment to the HOA on liability, damages, and entitlement to attorney’s fees. However, because Alaoui has raised a genuine issue of material fact as to the award of attorney’s fees in regards to the allegedly duplicative $100 demand letter fee1 and to the three additional hours the HOA’s counsel predicted in his affidavit would be necessary to obtain the final judgment,2 we reverse the amount of attorney’s fees awarded and remand for a hearing on those specific issues. See Day v. State Farm Fire & Cas. Co., 611 So.2d 105, 106 (Fla. 5th DCA 1992) (concluding where summary judgment evidence submitted by the moving party is open to at least two different interpretations, a genuine issue of material fact is raised precluding summary judgment even if the party opposing the motion has not filed an counter affidavit or submitted counter evidence). In all other respects, we affirm.
AFFIRMED in part, REVERSED in part, and REMANDED.
TORPY, BERGER and LAMBERT, JJ., concur.
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Citator
Authorities Cited
- Cuervo v. W. Lake Vill. II Condo. Ass'n, Inc., 709 So. 2d 598 (Fla. 3d DCA 1998)
- DAY v. State Farm Fire & Cas. Co., 611 So. 2d 105 (Fla. 5th DCA 1992)