Case Law alert - Real estate

November 21, 2019

 

 

Mackenzie v. Centex Homes (Fla. App., 2019)

 

Sara R. MacKenzie and Ralph MacKenzie challenge the trial court's final judgment and amended final judgment entered on their three-count complaint against Centex Homes, a Nevada General Partnership, by Centex Real Estate Corporation, a Nevada Corporation ("Centex"), and Sullivan Ranch Homeowners Association, Inc., a Florida Corporation ("the HOA"). Although the trial court granted the MacKenzies' request for attorney's fees on count II, they argue the trial court erred in reducing their requested attorney's fees and costs and in failing to apply a contingency fee multiplier on that count. Centex cross-appeals the portion of the final judgment declining to award it attorney's fees as the prevailing party on counts I and III, for alleged discovery violations, and as assignee of the HOA's entitlement to attorney's fees. We reverse that portion of the final judgment declining to award Centex prevailing party attorney's fees on count III. In all other respects, we affirm without further discussion.

 

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