Powell v. Shumann Investments, Inc.

Florida District Courts of Appeal
Powell v. Shumann Investments, Inc., 492 So. 2d 850 (1986)
11 Fla. L. Weekly 1821; 1986 Fla. App. LEXIS 9493
Booth, Joanos, Mer, Zeh

Powell v. Shumann Investments, Inc.

Opinion of the Court

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.

Reference

Full Case Name
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 v. SHUMANN INVESTMENTS, INC., a Florida corporation
Cited By
2 cases
Status
Published