Lawn Suit Jury To Homeowner: Hand Over The Green |
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Article Courtesy of The Tampa Tribune By
GEORGE WILKENS TAMPA - A weeklong trial sparked by a deed-restriction complaint about a dried-up New Tampa lawn ended Friday in favor of the plaintiff, the Pebble Creek Homeowners Association. The lawsuit, filed in 2002, however, is far from over. Edward L. Simmons' attorney said he will appeal the jury decision reimbursing the association $2,212 for replacing Simmons' lawn in January 2002 after repeated warnings that the St. Augustine grass at 9769 Fox Hollow Road failed to meet community standards of being green and relatively weed-free. Before returning the verdict - after three hours of deliberation - the three-man, three-woman jury sent out a written question: Who determines legal fees traditionally awarded to the winning party, the jury or the court? The court will do that, Judge Cheryl Thomas wrote on the note returned to jurors. The homeowners association says its legal expenses in the four-year case exceed $100,000. Attorney fees will be decided at a hearing. In the meantime, Simmons cannot complete the pending sale of his $215,000 rental house because a $2,212 lien remains in force. Simmons declined comment after the 1 p.m. verdict. His attorney, Burton Williams, said, "We're going to appeal this decision, of course." Mike Carricato, Pebble Creek Homeowners Association president when the dispute arose, said, "I'm extremely pleased with today's verdict. "It seemed like a simple issue - getting a homeowner to take care of his property." Carricato said the homeowners association's directors never doubted lawn replacement was appropriate. "From the time this thing started, we were always firm we were doing the right thing," he said. In closing arguments, Williams said his client was not seeking a monetary award, only a verdict that he did nothing wrong. "If the lawn was dead, it was because of a record drought," Williams told jurors. The homeowners association singled out Simmons "to be made an example of so the rest of the association could be whipped into shape and follow the deed restrictions." Homeowners association attorney Ricky Thacker said his client did not selectively enforce deed restrictions. Simmons was among five homeowners with lawns identified as the community's worst. Only Simmons failed to correct the situation, saying he would await the end of the drought and easing of irrigation restrictions, Thacker said. Simmons had a victory last week in his countersuit alleging the association lacked authority to replace his lawn and trespassed to install it. An appellate court ruling issued Feb. 14 reverses a 2003 judgment dismissing most of Simmons' claims of breach of fiduciary duty against Pebble Creek Homeowners Association officers. Homeowners must pay for new sod 4-Year Dispute About Lawn Will Be Heard By Jury |
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