Opinion
No. 5D15–1062.
07-08-2016
Ralph UDICK, Appellant, v. HARBOR HILLS DEVELOPMENT, L.P., et al., Appellees.
Ralph Udick, Lady Lake, pro se. Phillip S. Smith and Matthew D. Black, of McLin Burnsed, Leesburg, for Appellees.
Ralph Udick, Lady Lake, pro se.
Phillip S. Smith and Matthew D. Black, of McLin Burnsed, Leesburg, for Appellees.
PER CURIAM.
Ralph Udick, a property owner in the Harbor Hills development and member of the Harbor Hills Homeowner's Association, Inc., appeals the trial court's judgment awarding attorney's fees to Harbor Hills Development, L.P., a Delaware Limited Partnership, doing business as Harbor Hills Development, Ltd. (“the Developer”), H.H.C.C., Inc., a Delaware corporation and general partner of the Developer, and Michael Rich (collectively, “Appellees”). The trial court awarded attorney's fees to Appellees as the prevailing parties based on section 720.305(1), Florida Statutes (2013), and Article XI, Section 2, of the Amendment and Restatement of Declaration of Covenants, Conditions and Restrictions for Harbor Hills. We reverse.
Prior to filing suit, Mr. Udick requested mediation pursuant to the terms of section 720.311, Florida Statutes (2013). Appellees failed or refused to participate in the mediation process. As a result, Appellees are not entitled to recover attorney's fees or costs. See § 720.311(2)(b), Fla. Stat. (2013).
REVERSED and REMANDED.
ORFINGER and WALLIS, JJ., and TRAVER, D., Associate Judge, concur.