RABBIT HILL HOMEOWNERS ASS'N, INC. v. CORY

No. 1D07-3498.

976 So.2d 663 (2008)

RABBIT HILL HOMEOWNERS ASSOCIATION, INC., Appellant, v. Jack A. CORY and Kenya Cory, Appellees.

District Court of Appeal of Florida, First District.

March 13, 2008.


Attorney(s) appearing for the Case

Daniel E. Manausa and Mary W. Colon of Smith, Thompson, Shaw & Manausa, P.A., Tallahassee, for Appellant.

James M. DuRant, Jr., and Joseph R. Boyd of Boyd, DuRant & Sligher, P.L., Tallahassee, for Appellees.


PER CURIAM.

Appellant seeks review of a final judgment assessing costs and attorney's fees, arguing that, having failed to plead entitlement to attorney's fees, such fees should not have been awarded. Because the record contains competent substantial evidence to support the trial court's finding that appellant recognized and acquiesced to appellees' claim for attorney's fees and, accordingly, waived its right to insist that the claim be set forth in a pleading, we...

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