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Ralph UDICK, Appellant, v. HARBOR HILLS DEVELOPMENT, L.P., et al., Appellees

Florida District Court of Appeal2016-07-08No. No. 5D15-1062
200 So. 3d 193

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Opinion

majority opinion

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). Appel-lees 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.