Udick v. Harbor Hills , 200 So. 3d 193 ( 2016 )


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  •          IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FIFTH DISTRICT
    NOT FINAL UNTIL TIME EXPIRES TO
    FILE MOTION FOR REHEARING AND
    DISPOSITION THEREOF IF FILED
    RALPH UDICK,
    Appellant,
    v.                                                      Case No. 5D15-1062
    HARBOR HILLS DEVELOPMENT, L.P.,
    ET AL.,
    Appellees.
    ________________________________/
    Opinion filed July 8, 2016
    Appeal from the Circuit Court
    for Lake County,
    G. Richard Singeltary, Judge.
    Ralph Udick, Lady Lake, pro se.
    Phillip S. Smith and Matthew D. Black,
    of McLin Burnsed, Leesburg, for Appellees.
    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).    Appellees 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.
    2
    

Document Info

Docket Number: 5D15-1062

Citation Numbers: 200 So. 3d 193

Filed Date: 7/4/2016

Precedential Status: Precedential

Modified Date: 1/12/2023