HARPER PLUMBING & HEATING CO., INC., A FLORIDA CORPORATION, APPELLANT,
v.
MRS. NICHOLE NOEL A/K/A MRS. NICHOLE NOEL HELLIAR, APPELLEE

Fla. 5th DCA | 1984-04-12
No. 83-856
FRANK D. UPCHURCH, Jr. and'CO-WART, JJ., concur.
448 So. 2d 587 Florida District Court of Appeal, Fifth District (1984) Positive Treatment
Cited by 6 cases
Opinion of the Court
DAUKSCH, Judge.

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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Skidmore v. The Volpe Constr. Co., Inc., 511 So. 2d 642 (Fla. 3d DCA 1987)
    …ully exaggerated its claim, and we direct the trial court to enter a judgment in favor of U.S. Development. Consequently, we reverse the trial court’s award of attorney’s fees on Volpe’s mechanic’s lien action. Harper Plumbing & Heating Co. v. Noel, 448 So. 2d 587 (Fla. 5th DCA 1984); Atlantic Gardens Landscaping, Inc. v. Boca Raton Land Dev., Inc., 360 So. 2d 1278 (Fla. 4th DCA 1978), cert. denied, 368 So. 2d 1361 (Fla.1979); § 713.29, Fla.Stat. (1985). We turn next to claims by Skid-more, Owings & Merrill…
  • CDI Contractors, LLC. v. Allbrite Elec. Contractors, Inc., 836 So. 2d 1031 (Fla. 5th DCA 2002)
    …s, the trial court erred in treating these two cases as merged. A party is entitled to recover fees pursuant to section 713.29 if successful in prosecuting or defending a mechanic’s lien cause of action. Harper Plumbing & Heating Co., Inc. v. Noel, 448 So. 2d 587 (Fla. 5th DCA 1984); Encompass, Inc. v. Alford, 444 So. 2d 1085 (Fla. 1st DCA 1984). This is true even where a lawsuit is dismissed. Heidle v. S & S Drywall and Tile, Inc., 639 So. 2d 1105 (Fla. 5th DCA 1994). Accordingly, in the Cinema case Rouse…
  • R.C. Steel Placing Co., Inc. v. The Volpe Constr. Co., Inc., 565 So. 2d 890 (Fla. 3d DCA 1990)
    …PER CURIAM. Affirmed. Harper Plumbing & Heating Co. v. Noel, 448 So. 2d 587 (Fla. 5th DCA 1984); Winnie v. Buckhalter, 362 So. 2d 1014 (Fla. 1st DCA 1978).…

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