OLD GENERAL INSURANCE COMPANY, A PENNSYLVANIA CORPORATION, APPELLANT,
v.
E.R. BROWNELL & ASSOCIATES, INC., A FLORIDA CORPORATION, CEDARS ASSOCIATES, A LIMITED PARTNERSHIP, AND THE ESTATE OF JACOB COBOS, APPELLEES
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PER CURIAM.
The narrow question presented by this appeal is whether a mechanic’s lien which is transferred to a bond pursuant to section 713.24 of the Mechanics’ Lien Statute may be increased by the court to provide for attorney’s fees in an amount to exceed $100.
We agree with the decisions of the Fourth District, strictly construing the statute, which hold that a mechanic’s lien transferred to a surety bond may be increased to include costs, which may include the prevailing party’s attorney’s fees, but that such costs may not exceed $100. The lienor, in such cases where the costs exceed $100, is left with an unsecured judgment for the balance. See Gesco, Inc. v. Edward L. Nezelek, Inc., 414 So. 2d 535 (Fla. 4th DCA 1982), review denied, 426 So. 2d 27 (Fla.1983); Symons Corp. v. Tartan-Lavers Delray Beach, Inc., 456 So. 2d 1254 (Fla. 4th DCA 1984).
Reversed and remanded.
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)…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 these cases based their holdings on the express statutory language mandating that costs were n…
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Pappalardo Constr. Co. & the Aetna Cas. & Sur. Co. v. Buck, 568 So. 2d 507 (Fla. 4th DCA 1990)…e for a lien claimant’s attorney’ fees only to the extent of the $100. Gesco, Inc. v. Edward 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, bu…
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Williams v. A & E Design, Inc., 538 So. 2d 505 (Fla. 4th DCA 1989)…d, 426 So. 2d 25 (Fla.1983), the court, relying on Symons, held that the owner remained responsible. However, the owner in Brickell was the principal on the transfer bond. Also following Symons is Old General Insurance Co. v. E.R. Brownell & Assoc., 499 So. 2d 874 (Fla. 3d DCA 1986) which provides: The narrow question presented by this appeal is whether a mechanic’s lien which is transferred to a bond pursuant to section 713.24 of the Mechanics’ Lien Statute may be increased by the court to provide for attor…
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- Symons Corp. v. Tartan-Lavers Delray Beach, Inc., 456 So. 2d 1254 (Fla. 4th DCA 1984)
- Gesco, Inc. v. Edward L. Nezelek, Inc., 414 So. 2d 535 (Fla. 4th DCA 1982)