Harper Plumbing & Heating Co. v. Noel

District Court of Appeal of Florida

Harper Plumbing & Heating Co. v. Noel

448 So. 2d 587, 1984 Fla. App. LEXIS 12636

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 1984

DocketNo. 83-856

StatusPublished

Cited by3 cases

This text of 448 So. 2d 587 (Harper Plumbing & Heating Co. v. Noel) 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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Harper Plumbing & Heating Co. v. Noel, 448 So. 2d 587, 1984 Fla. App. LEXIS 12636 (Fla. Ct. App. 1984).

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Opinion

DAUKSCH, Judge.

This is an appeal from a judgment in a suit to foreclose a mechanic’s lien and a judgment denying counterclaim in that suit.

The sole simple issue for us to decide is whether the appellant is entitled to an attorney’s fee for defending the counterclaim it won. The answer is no because the counterclaim was for damages, not a mechanic’s lien. Just because the main action was for foreclosure of a mechanic’s lien (which appellant lost) does not mean appellant is entitled to a fee under Section 713.-29. It is only the victor in the lien action who is entitled to a fee. Appellant was not the victor.

Affirmed.

FRANK D. UPCHURCH, Jr. and'CO-WART, JJ., concur.

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