GRAND OAKS HOMEOWNERS' ASSOCIATION, INC., v. NORM AND CAROLYN LEONPACHER, NORM AND CAROLYN LEONPRACHER, v. GRAND OAKS HOMEOWNERS' ASSOCIATION, INC.

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO GRAND OAKS HOMEOWNERS' FILE MOTION FOR REHEARING AND ASSOCIATION, INC., DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D07-6624 NORM AND LEONPACHER, CAROLYN Appellees. NORM AND LEONPACHER, CAROLYN Appellants, v. CASE NO. 1D08-0743 GRAND OAKS HOMEOWNERS' ASSOCIATION, INC., Appellee. _____________________________/ Opinion filed March 3, 2009. An appeal from the Circuit Court for Okaloosa County. G. Robert Barron, Judge. D. Michael Chesser, Casey L. Jernigan, and Allison Sebastian of Chesser & Barr, P.A., Shalimar, for Appellant. Loren E. Levy and Ana C. Torres of The Levy Law Firm, Tallahassee; Jill W. Crew of Crew & Crew, P.A., Fort Walton Beach, for Appellees. Loren E. Levy and Ana C. Torres of The Levy Law Firm, Tallahassee; Jill W. Crew of Crew & Crew, P.A., Fort Walton Beach, for Appellants. D. Michael Chesser, Casey L. Jernigan, and Allison Sebastian of Chesser & Barr, P.A., Shalimar, for Appellee. PER CURIAM. In this consolidated appeal, we write only to address the trial court s denial of Norm and Carolyn Leonpachers motion for attorney s fees. We affirm all other issues without further discussion. The Leonpachers sought and obtained summary judgment against the Grand Oaks Homeowners Association (GOHA). Subsequently, they filed a motion for attorney s fees. At the hearing on the motion, the trial court determined that the Leonpachers were the prevailing party but denied their motion. Section 720.305 (1), Florida Statutes (2007), and Article XI, section 2 of GOHA s declaration of covenants provide that a prevailing party is entitled to recover reasonable attorney s fees. As such, the trial court erred and the Leonpachers are entitled to receive fees. AFFIRMED IN PART and REVERSED IN PART. ALLEN, VAN NORTWICK, and ROBERTS, JJ., CONCUR. 2

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