C. CONRAD MERSHON, JR., APPELLANT,
v.
BUCKLES-THOMPSON, INC., A FLORIDA CORPORATION, APPELLEE
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PER CURIAM.
The complaint in this case alleges performance of an oral contract for land clearing and a balance due under the contract. Although the complaint alleges that a claim of lien had been filed, there is no request to foreclose that claim of lien. Even if interpreted as a foreclosure of a mechanic’s lien, the proof at time of trial only sustains a suit for damages on an oral contract. There is no evidence as to notice to owner or to show that it qualifies under the “subdivision exception”1 as set forth in American Fire and Casualty Co. v. Davis Water and Waste, 377 So. 2d 164 (Fla.1979).
In order to be awarded attorney’s fees, the suit must be on a foreclosure of mechanic’s, workman’s or materialman’s lien, Nelson’s Inc. v. Halifax Construction Company, 305 So. 2d 840 (Fla.3d DCA 1974). A suit on an oral contract does not sustain an award of attorney’s fees. There is sufficient evidence to sustain the judgment on the oral contract but not for foreclosure of a mechanic’s lien. Therefore the judgment as to the amount of damages is affirmed. The judgment as to the award of attorney’s fees is reversed.
CROSS and SHARP, JJ., and BROWN-LEE, JACKSON O., Associate Judge, concur. . Section 713.04, Fla.Stat. (1979).
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Citator
Cited By (18 total)
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Encompass Inc. v. Alford, 444 So. 2d 1085 (Fla. 1st DCA 1984)…prosecuting his mechanic’s lien cause of action. Emery v. International Glass & Mfg. Inc., 249 So. 2d 496 (Fla. 2nd DCA 1971); cf. Nelson’s, Inc. v. Halifax Construction Company, 305 So. 2d 840 (Fla. 3rd DCA 1974); Mershon v. Buckles-Thompson, Inc., 383 So. 2d 280 (Fla. 5th DCA 1980); but cf. S. C.M. Associates, Inc. v. Rhodes, 395 So. 2d 632 (Fla. 2nd DCA 1981). In Emery, a lien claimant was unsucessful on his mechanic’s lien foreclosure count but was awarded damages for breach of contract. The Second Distri…
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Covin v. Covin, 403 So. 2d 490 (Fla. 3d DCA 1981)…e did not actually contest the partition below.1 As appel- [*493] lee concedes, however, the parties cannot mutually confer jurisdiction on the court where none exists, and such defects may be raised for the first time on appeal. Groover v. Groover, 383 So. 2d 280 (Fla. 5th DCA 1980); Hadley v. Hadley, 140 So. 2d 326 (Fla. 3d DCA 1962). Although we hold that the court below lacked authority to order the former marital home partitioned, we are nonetheless unable to provide appellant with a remedy since we hav…
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Leila Fawaz v. Florida Polymers and Fiesco, 622 So. 2d 492 (Fla. 1st DCA 1993)…a stipulation may be set aside when it is established that it was the result of a mistake of fact. E.g., Russell-Miller Milling Co. v. Todd, 198 F. 2d 166 (5th Cir.1952); Esch v. Forster, 123 Fla. 905, [*499] 168 So. 229 (1936); Groover v. Groover, 383 So. 2d 280 (Fla. 5th DCA 1980); Curr v. Helene Transp. Corp., 287 So. 2d 695 (Fla. 3d DCA 1973). Equally clearly, a stipulation may be set aside if it is established that it was the result of inadvertence. E.g., Carnegie Steel Co. v. Cambria Iron Co., 185 U.S.…
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- Am. Fire & Cas. Co. v. Davis Water & Waste Indus., Inc., 377 So. 2d 164 (Fla. 1979)
- Nelson's, Inc. v. Halifax Constr. Co., 305 So. 2d 840 (Fla. 3d DCA 1974)