HOMEOWNERS ASSOCIATION OF THE SHORES, INC., acting by and through its Board of Directors, Martin Heflin, Charles Mann, Nancy Ames, John Dorsett, and Charles Dilcher v. JACK M. SMITH

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA HOMEOWNERS ASSOCIATION OF THE SHORES, INC., acting by and through its Board of Directors, Martin Heflin, Charles Mann, Nancy Ames, John Dorsett, and Charles Dilcher, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D02-4121 Appellants, v. JACK M. SMITH , Appellee. _____________________________/ Opinion filed October 24, 2003. An appeal from the Circuit Court of Bay County, Glenn L. Hess, Judge. William Peter Martin of Dennis, Bowman, Jackson, Martin & Fontela, P.A., Tallahassee, for Appellants. Jack G. Williams, Panama City, for Appellee. PER CURIAM. To the extent the trial court refused to allow appellant to recover its properly taxable costs, the order on appeal is reversed. See Fla. R. Civ. P. 1.420(d). Appellant has shown no abuse of discretion in the trial court s denial of attorneys fees pursuant to section 57.105(1), Florida Statutes. AFFIRMED in part, REVERSED in part, and REMANDED. ERVIN, BOOTH, and KAHN, JJ., concur.

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