WESLEY CONSTRUCTION CO., A FLORIDA CORPORATION, FOR ITSELF AND FOR THE USE AND BENEFIT OF ALFRED T. ELDREDGE, JR., AND CLAIRE ELDREDGE, HIS WIFE, APPELLANTS,
v.
JOHN RICHARD LANE, D/B/A LANE POOLS, APPELLEE
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Wesley Construction Co. brought suit to expunge a mechanic's lien filed by subcontractor Lane Pools for unpaid contract work on a swimming pool installation. The trial court granted summary judgment for Wesley on the lien expungement claim but also granted summary judgment for Lane Pools on its counterclaim for the unpaid balance, while denying Lane Pools' request for attorney's fees.
The court affirmed the summary judgment, holding that no reversible error was demonstrated. Wesley Construction Co. was a real party in interest (not merely nominal) and thus subject to the counterclaim, which was proper; however, the trial court did not abuse its discretion in denying attorney's fees.
[1] A counterclaim is permissible against a general contractor who is the real party in interest in a suit brought on behalf of property owners.
[2] A trial court's summary judgment is reviewed on appeal to determine if it was properly granted or denied under the law.
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Join FLexlaw to unlock all legal intelligence“where there is a nominal plaintiff, i.e., Wesley Construction Co., which brings a suit solely on behalf of the real parties in interest, i.e., Alfred and Claire Eldredge, the status of the nominal plaintiff is not such as to permit the defendant (appellee) to maintain as a counterclaim an asserted cause of action which is against the nominal plaintiff only”
Appellants' contention regarding the nature of Wesley's status in the lawsuit and the propriety of the counterclaim against it
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Join FLexlaw to unlock all legal intelligenceWesley Construction Co., as general contractor, hired Lane Pools as a subcontractor to install a swimming pool on property owned by Alfred and Claire …
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[*650] PER CURIAM.
Appellants, plaintiffs and counter-defendants below, bring this appeal from a summary judgment and final judgment for costs and attorneys’ fees entered by the trial court in favor of appellee, defendant and counter-plaintiff below, on its counterclaim. Appellants also appeal the order of the circuit court denying its petition for rehearing. Appellee cross appeals the judgment of the trial court denying it attorneys’ fees pursuant to its counterclaim and the order of the trial court denying its petition for rehearing.
Appellant, Wesley Construction Co., as general contractor, and appellee, as subcontractor, entered into a written agreement whereby appellee installed a swimming pool on property owned by appellants Alfred and Claire Eldredge. Due to appellant Wesley’s failure to pay the contract price, appellee placed a lien on the Eld-redges’ property.
Appellant Wesley then filed a complaint, for itself and for the use and benefit of the Eldredges, to expunge the lien. Appel-lee counterclaimed for the unpaid balance of the contract price, costs, interest, and attorneys’ fees pursuant to the contract.
Appellant Wesley moved for summary judgment on the complaint which the trial court granted because the lien had not been timely filed. The trial court then granted appellee’s motion for summary judgment on its counterclaim against appellant Wesley for the unpaid balance of the contract and costs. Appellee’s motion to assess reasonable attorneys’ fees against appellant Wesley was denied. From these judgments, appellants appeal and appellee cross-appeals.
Appellants contend that, where there is a nominal plaintiff, i.e., Wesley Construction Co., which brings a suit solely on behalf of the real parties in interest, i.e., Alfred and Claire Eldredge, the status of the nominal plaintiff is not such as to permit the defendant (appellee) to maintain as a counterclaim an asserted cause of action which is against the nominal plaintiff only.
Appellee contends that appellant Wesley was a real party in interest and not merely a nominal plaintiff and that its counterclaim was compulsory. Appellee also contends that appellant Wesley pursuant to the terms of the contract agreed to pay all costs of collection, including reasonable attorneys’ fees, in the event it defaulted on payment and, therefore, the trial court erred in not awarding appellee attorneys’ fees.
On an appeal from a summary judgment, where no genuine issue as to any material fact is shown to exist, the only question for the appeals court is whether the summary judgment was properly granted or denied under the law. Goodwin v. Shire, Fla.App.1958, 105 So. 2d 178; and see 2 Fla.Jur., Appeals § 307, and 30 Fla.Jur., Summary Judgment § 34.
We have considered the record, all points in the briefs and arguments of counsel in the light of the controlling principles of law, and have concluded that no reversible error as to either appellants or appellee has been demonstrated. Therefore, for the reasons stated and upon the authorities cited, the judgments appealed are affirmed.
Affirmed.