GULFSTREAM PUMP AND EQUIPMENT COMPANY, APPELLANT,
v.
GROSVENOR DEVELOPMENT, INC.; POWER CORPORATION; B & B PLUMBING COMPANY, INC.; AND ARTHUR CHARLOFF, APPELLEES
GULFSTREAM PUMP AND EQUIPMENT COMPANY, APPELLANT,
GROSVENOR DEVELOPMENT, INC.; POWER CORPORATION; B & B PLUMBING COMPANY, INC.; AND ARTHUR CHARLOFF, APPELLEES
487 So. 2d 330
Florida District Court of Appeal, Second District (1986)
Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Affirmed. The conversion, by transfer, of a mechanics lien to a surety bond undertaken pursuant to section 713.24, Florida Statutes, restricts the recovery from the bond of costs, including an attorney’s fee, to $100.00. Symons Corporation v. Tartan-Lavers Delray Beach, Inc., 456 So. 2d 1254 (Fla. 4th DCA 1984). Section 713.24 does not, however, bar seeking an unsecured award of an attorney’s fee in excess of the statutory limit. Id.
CAMPBELL, A.C.J., and FRANK and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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AETNA Cas. & Sur. Co. v. Buck, 594 So. 2d 280 (Fla. 1992)…under the statute, attorney’s fees were to be taxed as costs. § 713.29, Fla.Stat. (1985). Case law interpreting section 713.24, prior to 1987, held that attorney’s fees were limited to $100. See Gulfstream Pump & Equip. Co. v. Grosvenor Dev., Inc., 487 So. 2d 330 (Fla. 2d DCA 1986); Old General Ins. Co. v. E.R. Brownell & Assocs., Inc., 499 So. 2d 874 (Fla. 3d DCA 1986); and Gesco, Inc. v. Edward L. Nezelek, Inc., 414 So. 2d 535 (Fla. 4th DCA 1982), review denied, 426 So. 2d 27 (Fla.1983). The courts in thes…
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Mesch v. Berry, 528 So. 2d 1250 (Fla. 1st DCA 1988)…a. 4th DCA 1984), holding that Section 713.24, Florida Statutes, does not prevent an award of an unsecured judgment for attorney’s fees against the owner of the real estate. See also Gulf Stream Pump and Equipment Co. v. Grosvenor Development, Inc., 487 So. 2d 330 (Fla. 2d DCA 1986); Brickell Bay Club, Inc. v. Ussery, 417 So. 2d 692 (Fla. 3d DCA 1982). The facts in the above cases are, however, distinguishable from those at bar. Symons involved an owner of real property who was also the general contractor, th…
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Pappalardo Constr. Co. & the Aetna Cas. & Sur. Co. v. Buck, 568 So. 2d 507 (Fla. 4th DCA 1990)…ard L. Nezelek, Inc., 414 So. 2d 535 (Fla. 4th DCA 1982), rev. denied, 426 So. 2d 27 (Fla. 1983). See also Old General Ins. Co. v. E.R. Brownell & Assoc., Inc., 499 So. 2d 874 (Fla. 3d DCA 1986); Gulfstream Pump & Equip. Co. v. Grosvenor Dev., Inc., 487 So. 2d 330 (Fla. 2d DCA 1986). Appellee asserts that the 1987 revision not only increased the amount the surety was required to post for any imposition of court costs, but also eliminated any restriction on the amount of court costs for which the surety could…
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- Symons Corp. v. Tartan-Lavers Delray Beach, Inc., 456 So. 2d 1254 (Fla. 4th DCA 1984)