Powell v. Shumann Investments, Inc., 492 So. 2d 850 (Fla. 1st DCA 1986). · Go Syfert
Search
Powell v. Shumann Investments, Inc., 492 So. 2d 850 (Fla. 1st DCA 1986). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
How cited ↗
Cited for

No citing cases on record.

Retrieving the full opinion text from the archive…
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
No. BJ-92.
District Court of Appeal of Florida, First District.
Aug 20, 1986.
Published opinion
492 So. 2d 850
1986 Fla. App. LEXIS 9493
Davisson F. Dunlap, Jr., of Pennington, Wilkinson, Dunlap, Butler & Gautier, Tallahassee, for appellants., No appearance for appellees.
Booth, Joanos, Mer, Zeh.
Cited by 2 opinions  |  Published
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.