MIRAMAR GARDENS TOWNHOUSE HOMEOWNERS ASSOCIATION, INC.

a Florida non-profit corporation, Plaintiff,

vs.

ORLANDO LUIS LEIVA, TAIMIRA LEIVA, MIAMI-DADE COUNTY and JOHN DOE,

as Tenant in possession, Defendants.

MOTION FOR AWARD OF ATTORNEY'S FEES AND COSTS

TO PLAINTIFF

COMES NOW the Plaintiff, MIRAMAR GARDENS TOWNHOUSE HOMEOWNER'S ASSOCIATION, INC. (hereafter "ASSOCIATION"), and, pursuant to the January 13,2006 Final Judgment filed in the Court, files this its Motion for Award of its Attorney's Fees and Costs pursuant to Fla.R.Civ.P. 1.525 without prejudice to the ASSOCIATION's right to a re-hearing or appeal of the Final Judgment, and for cause would state:

1.             MIRAMAR GARDENS TOWNHOUSE HOMEOWNER'S ASSOCIATION, INC., is the prevailing party in this action, pursuant to this Court's Final Judgment dated January 13, 2006 granting the ASSOCIATION's attorney's fees.

2.            MIRAMAR GARDENS TOWNHOUSE HOMEOWNER'S ASSOCIATION, INC., is entitled as the prevailing party to an award of its attorney's fees pursuant to Fla.  Statute Chapter 720.305 (2005) and pursuant to Article IV of the ASSOCIATION's Declaration of Covenants.

3.            MIRAMAR GARDENS TOWNHOUSE HOMEOWNER'S ASSOCIATION, INC. is obligated to pay its attorneys reasonable fees for their services in prosecuting this action.

4.            Attached hereto as Composite Exhibit I is a Summary of Timesheets and Invoices of the ASSOCIATION's Counsel, who have litigated this case since 2001.

WHEREFORE, MIRAMAR GARDENS TOWNHOUSE HOMEOWNER'S ASSOCIATION, INC., moves this Court to enter a Final Attorney's Fees and Costs Judgment plus pre- and post-judgment interest in its favor against TAIMIRA LEIVA and ORLANDO LUIS LEIVA, as a lien upon the Defendants' lot pursuant to Article IV of the ASSOCIATION's Declaration and other relief deemed proper.

I  HEREBY CERTIFY that a true and correct copy of the foregoing has been famished by  

mail this    25     of January, 2006, to all parties on the attached Service List.

Law Office of Brian W. Pariser, P.A.

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