RCK JOINT VENTURE, (A JOINT VENTURE COMPRISED OF RIVER ROAD CONSTRUCTION, LLC, CREATIVE HOMES, LLC AND KEYSTONE HOMES OF TN, INC.) V. GARRISON COVE HOMEOWNERS ASSOCIATION, A TENNESSEE NONPROFIT CORPORATION - Articles

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Posted by: Tanja Trezise on Apr 23, 2014

Head Comment: With dissenting opinion.

Court: TN Court of Appeals

Attorneys 1:

L. Gilbert Anglin, Murfreesboro, Tennessee, for the appellant(s), RCK Joint Venture, (a joint venture comprised of River Road Construction, LLC, Creative Homes, LLC and Keystone Homes of TN, Inc.).

Attorneys 2:

Rodney M. Scott, Murfreesboro, Tennessee, for the appellee, Garrison Cove Homeowners Association, a Tennessee Nonprofit Corporation.

Judge(s): COTTRELL

The only issue in this appeal is whether two property owners in a subdivision are entitled to an award of attorney fees for prevailing in a third-party action brought against them by the homeowners association to enforce restrictive covenants. The association argued that the property owners were not entitled to attorney fees because they did not prevail on every issue that came up during litigation, because the attorney fee provision in the restrictive covenants could be read to mean that no such award could be made if additional damages were not also awarded, and because they did not personally pay their own attorney fees. The trial court agreed with those arguments and denied the motion for attorney fees. We reverse the trial court and remand the case for a determination of the amount of the attorney fee award.