Albiez v. Wilkinson

District Court of Appeal of Florida

Albiez v. Wilkinson

546 So. 2d 1112, 14 Fla. L. Weekly 1587, 1989 Fla. App. LEXIS 3662, 1989 WL 72111

CourtDistrict Court of Appeal of Florida

DecidedJune 30, 1989

DocketNo. 89-00253

StatusPublished

Cited by1 cases

This text of 546 So. 2d 1112 (Albiez v. Wilkinson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Albiez v. Wilkinson, 546 So. 2d 1112, 14 Fla. L. Weekly 1587, 1989 Fla. App. LEXIS 3662, 1989 WL 72111 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

The issue in this case is whether the trial court erred in denying appellants’ motion for attorney’s fees filed pursuant to section 713.29, Florida Statutes (1987). Because appellants effectively defeated appellee’s efforts to foreclose a mechanic’s lien by recovering a judgment on their counterclaim for breach of contract in excess of the damages that appellee was awarded for his claim under the same contract, the trial court erred in determining that appellee was the prevailing party. See Ferrell v. Ashmore, 507 So.2d 691 (Fla. 1st DCA 1987). Accordingly, we reverse the trial court’s order and remand for further proceedings not inconsistent with this opinion.

RYDER, A.C.J., and FRANK and PATTERSON, JJ., concur.

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PER CURIAM.

The issue in this case is whether the trial court erred in denying appellants’ motion for attorney’s fees filed pursuant to section 713.29, Florida Statutes (1987). Because appellants effectively defeated appellee’s efforts to foreclose a mechanic’s lien by recovering a judgment on their counterclaim for breach of contract in excess of the damages that appellee was awarded for his claim under the same contract, the trial court erred in determining that appellee was the prevailing party. See Ferrell v. Ashmore, 507 So.2d 691 (Fla. 1st DCA 1987). Accordingly, we reverse the trial court’s order and remand for further proceedings not inconsistent with this opinion.

RYDER, A.C.J., and FRANK and PATTERSON, JJ., concur.

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546 So. 2d 1112, 14 Fla. L. Weekly 1587, 1989 Fla. App. LEXIS 3662, 1989 WL 72111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albiez-v-wilkinson-fladistctapp-1989.

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