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SMITH v. ADLER

No. 90-2489.

596 So.2d 696 (1992)

Marlene A. SMITH, Barry T. Werblow and Bari L. Werblow, his wife, and Alan G. Ehrlich, Appellants, v. Gwen ADLER, Bonnie Lurer, Mary Hughart, Brad Orvieto, Jeffrey S. Siniawsky, and Jacaranda Lakes Homeowner's Association, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

February 5, 1992.

Attorney(s) appearing for the Case

Mark B. Schorr of Mark B. Schorr, P.A., Fort Lauderdale, for appellants.

Paul R. Regensdorf, Robert D. McIntosh and Harold A. Saul of Fleming, O'Bryan & Fleming, P.A., Fort Lauderdale, for appellee-Jacaranda.

Neil F. Garfield of Garfield & Associates, P.A., Fort Lauderdale, for appellees-Owen Adler, Bonnie Lurer, Mary Hughart, Brad Orvieto, and Jeffrey S. Siniawsky.

ON MOTION FOR CLARIFICATION

PER CURIAM.

We withdraw our previously issued opinion and substitute the following in its place.

We reverse the trial court's order denying costs and attorney's fees to appellant in this litigation over the conduct of an election of a homeowner's association.

The trial court ruled that there was no prevailing party because the court itself took control of the litigation. The test is, however, whether the party...

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