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CIVIX SUNRISE v. SUNRISE ROAD MAINTENANCE

No. 2D07-639.

997 So.2d 433 (2008)

CIVIX SUNRISE, GC, L.L.C., a Florida limited liability company, Appellant, v. SUNRISE ROAD MAINTENANCE ASSOCIATION, INC., a Florida not-for-profit corporation, Sunrise Golf Club Condominium Association, Inc., a Florida not-for-profit corporation, The Homeowners Association of the Sunrise Golf Club Estates, Inc., a Florida not-for-profit corporation, SVC I, Inc., a Florida not-for-profit corporation, Westwoods at Sunrise Country Club Section 2 Condominium Association, Inc., a Florida not-for-profit corporation, Ronald L. Stonebreaker, individually, and Constance E. Stonebreaker, individually, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 8, 2009.

Attorney(s) appearing for the Case

James E. Walson, Shawn G. Rader, and Gregory S. Slemp, of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellant.

Thomas D. Shults and Zachary L. Ross of Kirk-Pinkerton, P.A., Sarasota, for Appellees.

KELLY, Judge.

Civix Sunrise, GC, L.L.C. ("Civix"), appeals an amended final judgment and challenges the trial court's award of attorney's fees to the appellees pursuant to an attorney's fee provision in a lease. We agree with Civix that because the appellees were not parties to the lease, they were not entitled to recover attorney's fees under its attorney's fee provision notwithstanding their status as third-party beneficiaries under other provisions of the lease...

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