BENNETT K. TRESSLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2008-10-22
No. 1D07-3563
WOLF, DAVIS, and ROBERTS, JJ., concur.
993 So. 2d 576 Florida District Court of Appeal, First District (2008) Positive Treatment
Cited by 19 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

REVERSED and REMANDED for an in camera inspection of the State Attorney’s case file under Weeks v. Golden, 764 So. 2d 633 (Fla. 1st DCA 2000).

WOLF, DAVIS, and ROBERTS, JJ., concur.


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  • Fla. Hurricane Prot. & Awning, Inc. v. Ethlyn Pastina, 43 So. 3d 893 (Fla. 4th DCA 2010)
    …applies to “any” action to enforce the contract. See Bauer v. Dilib, Inc., 16 So. 3d 318, 322 (Fla. 4th DCA 2009) (stating that Florida law requires courts to strictly construe statutes allowing fee awards and quoting Germ v. St. Luke’s Hosp. Ass’n, 993 So. 2d 576, 578 (Fla. 1st DCA 2008) (“Courts should give statutory language its plain and ordinary meaning, and may not add words that were not included by the legislature.”)). Here, the homeowner’s right to attorney’s fees derives from a fusion of two source…
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    …h such provisions were absent. If the Legislature also intended to obligate third parties to pay attorney’s fees for aiding and abetting violations of restrictive covenants, it was up to the Legislature to say so. See Germ v. St. Luke’s Hosp. Ass’n, 993 So. 2d 576, 578 (Fla. 1st DCA 2008) (“Courts should give statutory language its plain and ordinary meaning, and may not add words that were not included by the legislature.”). In their briefs, the parties have identified one decision which facially contains a…
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