Shuler v. City of Bristol

District Court of Appeal of Florida

Shuler v. City of Bristol

60 So. 3d 501, 2011 Fla. App. LEXIS 5649, 2011 WL 1501989

District Court of Appeal of Florida·Decided April 21, 2011·No. No. 1D10-0919·Published

Opinion

PER CURIAM.

We decline to disturb an award of attorney’s fees ordered to make whole a property owner who was required to incur them in order to procure dissolution of a lien having no arguable legal basis, particularly since the trial court found the lien [502] had been placed vindictively. Cf. S & T Builders v. Globe Props., Inc., 944 So.2d 302, 305 (Fla.2006) (authorizing an award of the fees incurred in procuring the discharge of a wrongly filed lis pendens). We affirm, despite the trial court’s misplaced reference to the “Construction Lien Law.” See Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So.2d 638, 644-45 (Fla.1999).

AFFIRMED.

BENTON, C.J., WETHERELL, and ROWE, JJ., concur.

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PER CURIAM.

We decline to disturb an award of attorney’s fees ordered to make whole a property owner who was required to incur them in order to procure dissolution of a lien having no arguable legal basis, particularly since the trial court found the lien [502] had been placed vindictively. Cf. S & T Builders v. Globe Props., Inc., 944 So.2d 302, 305 (Fla.2006) (authorizing an award of the fees incurred in procuring the discharge of a wrongly filed lis pendens). We affirm, despite the trial court’s misplaced reference to the “Construction Lien Law.” See Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So.2d 638, 644-45 (Fla.1999).

AFFIRMED.

BENTON, C.J., WETHERELL, and ROWE, JJ., concur.

Shuler v. City of Bristol, 60 So. 3d 501, 2011 Fla. App. LEXIS 5649, 2011 WL 1501989 (Fla. Ct. App. 2011).

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