Trantham v. Naked Lady Ranch, Inc.

District Court of Appeal of Florida

Trantham v. Naked Lady Ranch, Inc.

197 So. 3d 1287, 2016 Fla. App. LEXIS 13208, 2016 WL 4547953

CourtDistrict Court of Appeal of Florida

DecidedAugust 31, 2016

DocketNo. 4D15-2033

StatusPublished

This text of 197 So. 3d 1287 (Trantham v. Naked Lady Ranch, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Trantham v. Naked Lady Ranch, Inc., 197 So. 3d 1287, 2016 Fla. App. LEXIS 13208, 2016 WL 4547953 (Fla. Ct. App. 2016).

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Opinion

CORRECTED OPINION

PER CURIAM.

We affirm the final judgment awarding attorney’s fees and costs in all respects but one.

We find no abuse of discretion in the circuit court’s decision that appellees were the prevailing party in the litigation below. The trial court determined that appellees prevailed on the most significant issues in the case. See Newton v. Tenney, 122 So.3d 390, 392 (Fla. 4th DCA 2013). Our review of the record demonstrates that appellants did not like the idea of a paved runway in their aviation-centered community. At one point, appellants complained that a paved runway would disrupt the rural character of their community. Because they did not want a paved runway, appellants also did pot want to pay for it. Appellants first tendered their resignation to appellee Naked Lady Ranch, which refused to accept it. This led appellants to file a declaratory relief, action. While they did not object to paying them share of maintenance costs and expenses, appellants did not want to pay for “capital improvements,” which is how they characterized the paving of the runway. Ultimately, the trial court determined that the paving of the runway was a¿.maintenance cost, for which appellants were responsible.

Article 5 of the applicable Declaration of Covenants and Restrictions is the attorney’s fee provision. It entitles “any landowner” or Naked Lady Ranch or “its successors” to recover attorney’s fees incurred in the enforcement of “any of the restrictions herein contained.” Count III of the complaint sought to invalidate a loan agreement between appellees Naked Lady Ranch and the Brittians. The final judgment awarded $5,380 in fees incurred in the defense of the Brittians. The Brit-tians were neither a “landowner” nor a “successor” to Naked Lady Ranch, so there was no basis under the Declaration to award attorney’s fees incurred in their defense. We therefore reverse the award of $5,380 in fees. See Village 45 Partners, LLC v. Racetrac Petroleum, Inc., 831 So.2d 758 (Fla. 4th DCA 2002).

We affirm all aspects of the final judgment except for the award of $5,380 in fees.

Affirmed in part, reversed in part and remanded.

GROSS, TAYLOR and FORST, JJ., concur.

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CORRECTED OPINION

PER CURIAM.

We affirm the final judgment awarding attorney’s fees and costs in all respects but one.

We find no abuse of discretion in the circuit court’s decision that appellees were the prevailing party in the litigation below. The trial court determined that appellees prevailed on the most significant issues in the case. See Newton v. Tenney, 122 So.3d 390, 392 (Fla. 4th DCA 2013). Our review of the record demonstrates that appellants did not like the idea of a paved runway in their aviation-centered community. At one point, appellants complained that a paved runway would disrupt the rural character of their community. Because they did not want a paved runway, appellants also did pot want to pay for it. Appellants first tendered their resignation to appellee Naked Lady Ranch, which refused to accept it. This led appellants to file a declaratory relief, action. While they did not object to paying them share of maintenance costs and expenses, appellants did not want to pay for “capital improvements,” which is how they characterized the paving of the runway. Ultimately, the trial court determined that the paving of the runway was a¿.maintenance cost, for which appellants were responsible.

Article 5 of the applicable Declaration of Covenants and Restrictions is the attorney’s fee provision. It entitles “any landowner” or Naked Lady Ranch or “its successors” to recover attorney’s fees incurred in the enforcement of “any of the restrictions herein contained.” Count III of the complaint sought to invalidate a loan agreement between appellees Naked Lady Ranch and the Brittians. The final judgment awarded $5,380 in fees incurred in the defense of the Brittians. The Brit-tians were neither a “landowner” nor a “successor” to Naked Lady Ranch, so there was no basis under the Declaration to award attorney’s fees incurred in their defense. We therefore reverse the award of $5,380 in fees. See Village 45 Partners, LLC v. Racetrac Petroleum, Inc., 831 So.2d 758 (Fla. 4th DCA 2002).

We affirm all aspects of the final judgment except for the award of $5,380 in fees.

Affirmed in part, reversed in part and remanded.

GROSS, TAYLOR and FORST, JJ., concur.

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197 So. 3d 1287, 2016 Fla. App. LEXIS 13208, 2016 WL 4547953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trantham-v-naked-lady-ranch-inc-fladistctapp-2016.

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