POWELL v. SHUMANN INVESTMENTS, INC.

No. BJ-92.

492 So.2d 850 (1986)

Elmer M. POWELL and Alice S. Powell; Jackson G. Beatty; James H. Cobb and Maxine Cobb; Luciano Gherardi and Martha McPherson; Richard Holzhausen and Aurora Holzhausen, Appellants, v. SHUMANN INVESTMENTS, INC., a Florida Corporation, Appellees.

District Court of Appeal of Florida, First District.

August 20, 1986.


Attorney(s) appearing for the Case

Davisson F. Dunlap, Jr., of Pennington, Wilkinson, Dunlap, Butler & Gautier, Tallahassee, for appellants.

No appearance for appellees.


PER CURIAM.

This is an appeal by homeowners who successfully enforced restrictive covenants in their subdivision deed and were denied an award of attorneys fees in spite of the fact that the "Declaration of Restrictions" expressly provided for such an award in favor of enforcing parties.

We hold that by accepting a subdivision deed which embodies a provision for attorney's fees for enforcement of restrictions contained therein, the buyer becomes contractually...

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