Allen v. Scott

District Court of Appeal of Florida

Allen v. Scott

358 So. 2d 1112, 1978 Fla. App. LEXIS 15972

CourtDistrict Court of Appeal of Florida

DecidedApril 28, 1978

DocketNo. HH-5

StatusPublished

Cited by2 cases

This text of 358 So. 2d 1112 (Allen v. Scott) 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.

Bluebook

Allen v. Scott, 358 So. 2d 1112, 1978 Fla. App. LEXIS 15972 (Fla. Ct. App. 1978).

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Opinion

SMITH, Acting Chief Judge.

Appellants Allen successfully resisted ap-pellee Scott’s claim for a mechanic’s lien, but the trial court denied the Allens’ post-trial motion for attorney’s fees. That was error. Section 713.29, Florida Statutes (1977) requires an award of reasonable fees to the prevailing party for the services of his or her attorney. Charter Development Corp. v. Eversole, 342 So.2d 143 (Fla. 1st DCA 1977). Appellants’ other point on appeal is without merit.

REVERSED and REMANDED to award appellants a reasonable fee for their attor[1113]*1113ney’s representation on the mechanic’s lien claim in the trial court. No consideration need be given to appellate services, for which no fee request was presented to this court.

ERVIN and BOOTH, JJ., concur.

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SMITH, Acting Chief Judge.

Appellants Allen successfully resisted ap-pellee Scott’s claim for a mechanic’s lien, but the trial court denied the Allens’ post-trial motion for attorney’s fees. That was error. Section 713.29, Florida Statutes (1977) requires an award of reasonable fees to the prevailing party for the services of his or her attorney. Charter Development Corp. v. Eversole, 342 So.2d 143 (Fla. 1st DCA 1977). Appellants’ other point on appeal is without merit.

REVERSED and REMANDED to award appellants a reasonable fee for their attor[1113]*1113ney’s representation on the mechanic’s lien claim in the trial court. No consideration need be given to appellate services, for which no fee request was presented to this court.

ERVIN and BOOTH, JJ., concur.

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Bluebook (online)

358 So. 2d 1112, 1978 Fla. App. LEXIS 15972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-scott-fladistctapp-1978.

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