NEW Ruling on FS712 "MRTA"
Sept 5, 2014 11:01:28 GMT -5
Dick Tracy and Alaska HEMI R/T Jm Admin. like this
Post by Admin on Sept 5, 2014 11:01:28 GMT -5
Attachment Deleted
Frd O'N eel (Attny) wrote:
This is a local ruling on the Sand Lake Hills HOA cases (3) which Frd O'N eel (Attny) is also handling. Frd O'N eel (Attny) won that case and now, the judge has definitively ruled that under the MRTA law, the prevailing party would be entitled to attorney fees and costs.
The significant point here is that, while 712.08 is and has been the law since its inception in 1963, this provision has never before been tested and upheld.
It has now been Tested and Upheld.
This will support petitions for both current lawsuits against SLohA for fees and costs.
Frd O'N eel (Attny) wrote:
I thought you might be interested in the attached attorney's fees order. It's the first one to my knowledge which awards attorney's fees under section 712.08. Needless to say, it will be very helpful in our case.
Florida Statute $712.08 provides as follows:
No person sH all use the privilege of filing notices hereunder for the purpose of asserting a false or fictitious claim to land; and to any action relating thereto if the court sH all find that any person has filed a false or fictitious claim, the court may award to the prevailing party all costs incurred by him or her in such action, including a reasonable attorney's fee, and in addition thereto may award to the prevailing party all damages that sheor he may have sustained as a result of the filing of such notice or a claim.
No person sH all use the privilege of filing notices hereunder for the purpose of asserting a false or fictitious claim to land; and to any action relating thereto if the court sH all find that any person has filed a false or fictitious claim, the court may award to the prevailing party all costs incurred by him or her in such action, including a reasonable attorney's fee, and in addition thereto may award to the prevailing party all damages that sheor he may have sustained as a result of the filing of such notice or a claim.
It has now been Tested and Upheld.
This will support petitions for both current lawsuits against SLohA for fees and costs.
