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HOMEOWNERS ASS'N OF SHORES INC. v. SMITH

No. 1D02-4121.

857 So.2d 361 (2003)

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, Appellants, v. Jack M. SMITH, Appellee.

District Court of Appeal of Florida, First District.

October 24, 2003.

Attorney(s) appearing for the Case

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...

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