SHIPWATCH DEVELOPMENT CORPORATION, A FLORIDA CORPORATION FOR PROFIT, APPELLANT,
v.
HAROLD J. SALMON, JR., AN INDIVIDUAL D/B/A "SUN BUILDERS", APPELLEE

Fla. 1st DCA | 1994-12-15
No. 93-3294
MICKLE and VAN NORTWICK, JJ., concur.
646 So. 2d 838 Florida District Court of Appeal, First District (1994) Positive Treatment
Cited by 7 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this mechanic's lien case, Shipwatch Development Corporation appealed a trial court judgment imposing a $16,024.07 lien on its property in favor of contractor Harold Salmon. The appellate court affirmed most of the trial court's factual findings but reversed the attorney's fee award and modified the prejudgment interest calculation, requiring adjustment on remand.


Holding

The court affirmed the trial court's factual findings regarding the lien amount and the denial of most requested credits. However, the court reversed the attorney's fee award, finding it must be adjusted based on the extent of success achieved, and modified the prejudgment interest to accrue from April 21, 1992 (when the contractor's affidavit was served) rather than from November 5, 1991.


Headnotes

[1] A trial court must adjust the lodestar attorney's fee award based on the extent of success achieved by counsel.

[2] Prejudgment interest on a mechanic's lien accrues from the date the contractor's affidavit is served, not the date the claim of lien is filed.

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Key Quotes

“As the prevailing party, Salmon is entitled to attorney's fees under section 713.29, Florida Statutes (1991). The court erred, however, by not adjusting the lodestar fee based on the extent of success achieved by counsel for Salmon.”

Establishes that while the prevailing party is entitled to attorney's fees in mechanic's lien cases, the fees must be adjusted proportionally to reflect the degree of success achieved.

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Facts & Procedural History

Shipwatch Development Corporation, a property owner, contracted with Harold Salmon, Jr., a contractor, for construction work. The trial court determin…

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Opinion of the Court
KAHN, Judge.

KAHN, Judge.

The opinion issued October 17, 1994, is withdrawn and the following corrected opinion substituted in its place.

This is a mechanic’s lien case arising out of a construction dispute between appellant Shipwatch Development Corporation, the owner, and appellee Harold J. Salmon, Jr., the contractor. The trial court imposed a lien against Shipwatch’s property for an unpaid balance of $16,024.07. This amount resulted from the contract price less a credit of $8,004.41 in favor of Shipwatch for the cost to complete certain punchlist items and for approved substitutions. The court denied Ship-watch’s request for an additional credit of $11,349.00 for other substitutions. The court also denied Salmon’s request for additional work in the amount of $11,734.67. Included in the lien imposed by the judgment below are amounts for Salmon’s attorney’s fees, as well as interest from November 5,1991. The trial court found that Salmon’s claim of lien was timely filed on November 5,1992. Ship-watch raises seven issues on appeal, all except two of which concern factual matters as to which the trial court’s findings and conclusions are supported by competent substantial evidence. We affirm as to these issues. We reverse the attorney’s fee award and modify the award of prejudgment interest.

Salmon’s claim of lien was in the amount of $40,688.92, and the complaint ultimately filed sought $41,476.67. By the final judgment, Salmon recovered a lien and judgment in the amount of $16,024.07. As the prevailing party, Salmon is entitled to attorney’s fees under section 713.29, Florida Statutes (1991). The court erred, however, by not adjusting the lodestar fee based on the extent of success achieved by counsel for Salmon. Florida, Patient Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985); Fashion Tile & Marble, Inc. v. Alpha One Construction & Assoc., Inc., 532 So. 2d 1306 (Fla. 3d DCA 1988). We therefore reverse the attorney’s fee award and instruct the trial court to enter a new order consonant with these two cases.

The court also erred in awarding prejudgment interest prior to the date the contractor’s affidavit was served. Norin Mortgage Corp. v. Wasco, Inc., 343 So. 2d 940 (Fla. 2d DCA 1977). The final judgment must be modified to indicate that prejudgment interest accrues from April 21, 1992, the date the contractor’s affidavit was served, rather than the claim of lien date selected by the trial court.

Both parties seek attorney’s fees on appeal pursuant to section 713.29. We find that Salmon has prevailed on the significant issues presented and therefore provisionally grant his motion for appellate attorney’s fees. See, Moritz v. Hoyt Enterprises, Inc., 604 So. 2d 807 (Fla.1992). On rémand the trial court will determine an appropriate award of attorney’s fees on appeal based upon the law as set forth in Rowe, supra. Appellant’s motion for attorney’s fees is denied.

AFFIRMED in part, REVERSED in part, and REMANDED with directions.

MICKLE and VAN NORTWICK, JJ., concur.


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Citator

Cited By

  • Hollub Constr. Co. v. Onkar Narula and Joy Narula, 704 So. 2d 689 (Fla. 3d DCA 1997)
    …Florida Statutes.”). The prevaiHng party in a mechanic’s Hen suit is that party which has prevaHed on the significant issues presented in the ease, see Prosperi v. Code, Inc., 626 So. 2d 1360, 1363 (Fla.1993); Shipwatch Development Corp. v. Salmon, 646 So. 2d 838, 840 (Fla. 1st DCA 1994); see also Moritz v. Hoyt Enterprises, Inc., 604 So. 2d 807, 809-10 (Fla.1992); Green Companies, Inc. v. Kendall Racquetball Inv., Ltd., 658 So. 2d 1119, 1121 (Fla. 3d DCA 1995), and had an affirmative judgment rendered on it…
  • Zalay v. ACE Cabinets OF Clearwater, Inc., 700 So. 2d 15 (Fla. 2d DCA 1997)
    …transfer the lien to security. This decision appears consistent with, but not compelled by, the discussions of this statute in DiStefano Construction, Inc. v. Fidelity & Deposit Co., 597 So. 2d 248 (Fla.1992); Skipwatch Development Corp. v. Salmon, 646 So. 2d 838 (Fla. 1st DCA 1994); All-Brite Aluminum, Inc. v. Desrosiers, 626 So. 2d 1020 (Fla. 2d DCA 1993); and In re Hallmark Builders, Inc., 54 B.R. 120 (Bankr. M.D.Fla.1985). Accordingly, we hold that the trial court did not err in including the attorneys’…
  • Jomar Props., L.L.C. v. Bayview Constr. Corp., 154 So. 3d 515 (Fla. 4th DCA 2015)

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