HUB CAP HEAVEN, INC., APPELLANT,
v.
HARVEY GOODMAN AND LINDA C. GOODMAN, HIS WIFE, APPELLEE
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PER CURIAM.
When a claimant in a mechanic’s lien action recovers a judgment in any amount,1 a trial court errs in not finding the lienor the “prevailing party” and awarding attorney’s fees pursuant to Section 713.29 of the Florida Statutes. American Insulation of Fort Walton Beach, Inc. v. Pruitt, 378 So. 2d 839 (Fla. 1st DCA 1980); Peter Marich & Associates, Inc. v. Powell, 365 So. 2d 754 (Fla. 2d DCA 1978); Sharpe v. Ceco Corporation, 242 So. 2d 464 (Fla. 3d DCA 1971).
The final judgment under review is reversed with directions to the trial court to find that the plaintiff was the “prevailing party” and therefore entitled to be awarded attorney’s fees after due consideration as to the amount actually recovered by the litigation. We find no merit in the cross-appeal.
Reversed and remanded with directions.
. Even though the amount is only $5.00 in excess of that tendered by the defendant.
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Cmty. Design Corp. v. Antonell, 459 So. 2d 343 (Fla. 3d DCA 1984)…ond theory, we hold that a party prevails within the meaning of section 448.08 when there is an affirmative judgment rendered, even if it is for less than the amount claimed and recovery is not had on all counts. Cf. Hub Cap Heaven, Inc. v. Goodman, 431 So. 2d 323 (Fla. 3d DCA 1983); American Insulation of Fort Walton Beach, Inc. v. Pruitt, 378 So. 2d 839 (Fla. 1st DCA 1979); Peter Marich & Associates, Inc. v. Powell, 365 So. 2d 754 (Fla. 2d DCA 1978). (These cases reached the same holding in interpreting a s…
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Hollub Constr. Co. v. Onkar Narula and Joy Narula, 704 So. 2d 689 (Fla. 3d DCA 1997)…party in a mechanic’s Hen action. See Heidle v. S & S Drywall and Tile, Inc., 639 So. 2d 1105, 1106 (Fla. 5th DCA 1994); see also Metro-Centre Assocs. v. Envtl., Eng’rs., Inc., 522 So. 2d 967, 968 (Fla. 3d DCA 1988); Hub Cap Heaven, Inc. v. Goodman, 431 So. 2d 323, 324 (Fla. 3d DCA 1983) (“When a claimant in a mechanic’s Hen action recovers a judgment in any amount, a trial court errs in not finding the Henor the ‘prevailing party and awarding attorney’s fees pursuant to section 713.29 of the Florida Statutes…
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Metro-Centre Assocs. v. Env't Eng'rs, Inc., 522 So. 2d 967 (Fla. 3d DCA 1988)…der of a mechanics’ lien who recovers a judgment in any amount is the “prevailing party” and is entitled to an award of attorney’s fees. Salisbury Constr. Corp. v. Mitchell, 491 So. 2d 308 (Fla. 4th DCA 1986); Hub Cap Heaven, [*969] Inc. v. Goodman, 431 So. 2d 323 (Fla. 3d DCA 1983).2 Environmental also accurately states the proposition espoused in Scka-bert that a landowner is not the “prevailing party” and is not entitled to attorney’s fees where a contractor obtains a judgment for labor or materials even t…
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- Peter Marich & Assocs., Inc. v. Powell, 365 So. 2d 754 (Fla. 2d DCA 1978)
- Sharpe v. Ceco Corp., 242 So. 2d 464 (Fla. 3d DCA 1970)
- Am. Insulation OF Fort Walton Beach, Inc. v. Pruitt, 378 So. 2d 839 (Fla. 1st DCA 1979)