Legal Topics

Homeowners Associations — Liens — Attorney’s Fees — Trial Court Did Not Err In Determining That Homeowners Were Not Prevailing Parties Entitled To Attorney’s Fees

Dec 26th, 2021 in News by admin

Homeowners associations — Liens — Attorney’s fees — Trial court did not err in determining that homeowners were not prevailing parties entitled to attorney’s fees in voluntarily dismissed action brought by homeowners association to foreclose lien for unpaid assessments where homeowners paid substantial part of assessments sought by association after action was filed but before it was voluntarily dismissed — Appellate court may consider argument that homeowners became entitled to costs upon filing of association’s voluntary dismissal despite failure of homeowners to raise issue before trial court or on appeal, as failure to award costs was fundamental error — Order determining association’s entitlement to attorney’s fees and costs but not determining amount is non-final, non-appealable order