Legal Opinion

Hibbs Grove Plantation Homeowners Association, Inc. v. Avraham Aviv and Helen Aviv

District Court of Appeal of Florida

Decided May 11, 2016No. 4D14-3339 and 4D15-149PublishedCited by 2 opinions

1Opinion of the CourtDamoorgian, J.

• -In this consolidated appeal, Hibbs Grove Plantation - Homeowners Association, Inc. (the “Association”) appeals the court’s orders granting Avraham and Helen Aviv’s (“Homeowners”), motion for summary final judgment and granting motions to tax attorney’s fees and costs. For the reasons discussed below, we reverse the summary final judgment and, in doing so, also reverse the attorney’s fees and costs- award.

■ By way of background, Homeowners own a home in a planned residential community. The community is governed by a Declaration of Covenants and Restrictions (“Declaration”), and the…

2Cases cited3 opinions

  1. Harvey Building, Inc. v. HaleySupreme Court of Florida · 1965
  2. Reeves v. North Broward Hosp. Dist.District Court of Appeal of Florida · 2002
  3. Pearson v. Caterpillar Financial Services Corp.District Court of Appeal of Florida · 2011

3Cited by2 opinions

  1. EDWIN MENA and CARLA MENA v. SANTIAGO URIBEDistrict Court of Appeal of Florida · 2017
  2. Schumacher v. Reback Realty, Inc.District Court of Appeal of Florida · 2017

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