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Robert BLINN, Appellant, v. WEST SHORE VILLAS OF NAPLES OWNERS ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Second District2018-04-25No. Case Nos. 2D17–2565; 2D17–3601
244 So. 3d 396

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Opinion

majority opinion

VILLANTI, Judge.

In these consolidated appeals, Robert Blinn appeals the final judgment entered in favor of West Shore Villas of Naples Owners Association, Inc. (the Association), in Blinns action against the Association for trespass, breach of the declaration of covenants, and private nuisance and a second final judgment awarding the Association its attorneys fees.

We reject without comment Blinns arguments relating to the substantive final judgment concerning whether his claims were barred by the statute of limitations, waiver, or laches. However, as to the attorneys fees judgment, Blinn is correct that the trial court erred when it included in that judgment the Associations appellate attorneys fees incurred in an earlier appeal in which this court specifically denied the Associations motion for appellate fees. See, e.g., Bartow HMA, LLC v. Kirkland, 146 So.3d 1213, 1215 (Fla. 2d DCA 2014) (A trial court cannot award appellate attorneys fees unless the appellate court has authorized such an award. (quoting Rados v. Rados, 791 So.2d 1130, 1131 (Fla. 2d DCA 2001) ) ). The Association has properly conceded error. Hence, on this limited point, we reverse the final judgment awarding attorneys fees and remand for the trial court to recalculate the fee award after deducting the improper appellate attorneys fees. In all other respects, we affirm.

Affirmed in part, reversed in part, and remanded.

MORRIS and BADALAMENTI, JJ., Concur.