PELICAN BAY HOMEOWNERS ASS'N v. SEDITA

No. 98-1611.

724 So.2d 684 (1999)

PELICAN BAY HOMEOWNERS ASSOCIATION, INC., Appellant, v. Robert SEDITA & Patricia Sedita, His Wife, Appellees.

District Court of Appeal of Florida, Fifth District.

January 22, 1999.


Attorney(s) appearing for the Case

R. Michael Kennedy of Kennedy & Pyle, P.A., South Daytona, for Appellant.

Bruce A. Hochstetler, Daytona Beach, for Appellees.


HARRIS, J.

Pelican Bay filed an action against the Seditas to enjoin them from parking their limousines outside their garage in violation of a homeowner restriction that prevents "commercial" vehicles from being openly parked in the development. The trial court granted the injunction but gave the Seditas six months to come into compliance. The trial court refused to grant prevailing party attorney's fees to the homeowner association. It appeals; we reverse.

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