Florida District Courts of Appeal, 2016

Udick v. Harbor Hills Development, L.P.

Udick v. Harbor Hills Development, L.P.
Florida District Courts of Appeal · Decided July 8, 2016 · Orfinger, Wallis, Traver
200 So. 3d 193; 2016 WL 3654180; 2016 Fla. App. LEXIS 10460 (Southern Reporter, Third Series)

Udick v. Harbor Hills Development, L.P.

Opinion

PER CURIAM.

Ralph Udick, a property owner in the Harbor Hills development and member of the Harbor Hills Homeowner’s Association, Inc., appeals the trial court’s judgment awarding attorney’s fees to Harbor Hills Development, L.P., a Delaware Limited Partnership, doing business as Harbor Hills Development, Ltd. (“the Developer”), H.H.C.C., Inc., a Delaware corporation and general partner of the Developer, and Michael Rich (collectively, “Appellees”). The trial court awarded attorney’s fees to Appellees as the prevailing parties based on section 720.305(1), Florida Statutes (2013), and Article XI, Section 2, of the Amendment and Restatement of Declaration of Covenants, Conditions and Restrictions for Harbor Hills. We reverse.

Prior to filing suit, Mr. Udick requested mediation pursuant to the terms of section 720.311, Florida Statutes (2013). Appel-lees failed or refused to participate in the mediation process. As a result, Appellees are not entitled to recover attorney’s fees or costs. See § 720.311(2)(b), Fla. Stat. (2013).

REVERSED and REMANDED.

ORFINGER and WALLIS, JJ., and TRAVER, D., Associate Judge, concur.

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