JOHN WILLEY PRESTON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Mardan Kitchen Cabinets, Inc. v. Bruns, 312 So. 2d 769 (Fla. 3d DCA 1975)
  …s lien is entitled to recover attorneys fees. A party such as Bruns, who successfully resists an action to enforce a mechanic’s lien is the prevailing party and is entitled to attorneys fees under the statute. See Dominguez v. Benach, Fla.App. 1973, 277 So. 2d 567. Affirmed. . See C. A. Davis, Inc. v. Yell-for-Pennell, Inc., Fla.App.1973, 274 So. 2d 267, 268-269.…
• Falovitch v. Gunn & Gunn Constr. Co., 348 So. 2d 560 (Fla. 3d DCA 1977)
  …o. 2d 13 (Fla.3d DCA 1967). Section 713.29, Florida Statutes, provides that the prevailing party in an action to enforce a mechanic’s lien is entitled to recover a reasonable fee for the services of his attorney. As was held in Dominguez v. Benach, 277 So. 2d 567 (Fla.3d DCA 1973) and the Mardan Kitchen Cabinets case, supra, a party who successfully resists a claim to enforce a mechanic’s lien is the prevailing party, and that party is therefore entitled to reasonable attorney’s fees. Accordingly, we revers…
• Winnie v. Buckhalter, 362 So. 2d 1014 (Fla. 1st DCA 1978)
  …g., Charter Development Corp. v. Eversole, 342 So. 2d 143 (Fla.lst DCA 1977); Falovitch v. Gunn & Gunn Construction Co., 348 So. 2d 560 (Fla.3d DCA 1977); Mardan Kitchen Cabinets, Inc. v. Bruns, 312 So. 2d 769 (Fla.3d DCA 1975); Dominguez v. Benach, 277 So. 2d 567 (Fla.3d DCA 1973); H. D. McPherson, Inc. v. Metro Electric of Orlando, Inc., 253 So. 2d 878 (Fla.4th DCA 1971). Contrast, Emery v. International Glass & Mfg. Inc., 249 So. 2d 496 (Fla.2d DCA 1971). However, Winnie is only entitled to attorney’s fees…

Authorities Cited

• Simpson v. State, 164 So. 2d 224 (Fla. 3d DCA 1964)