PLANAS & FRANYIE ENGINEERS, INC., APPELLANT,
v.
JOSE B. PADILLA AND HORTENSIA PADILLA, HIS WIFE, APPELLEES
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Planas & Franyie Engineers appealed an award of attorney's fees to the Padillas, arguing it was excessive. The trial court initially awarded $4,000, which this court remanded for reconsideration as excessive. On remand, the trial court awarded $3,500 in attorney's fees for services related only to the mechanic's lien foreclosure aspect, which this court affirmed as supported by competent evidence.
The award of $3,500 in attorney's fees is not excessive and does not constitute an abuse of discretion, as it is supported by competent substantial evidence including testimony regarding hours worked and expert valuation of the legal services.
[1] An award of attorney's fees may be limited to the portion of the litigation directly related to a specific claim, such as a mechanic's lien foreclosure.
[2] A trial court does not abuse its discretion in awarding attorney's fees when there is competent substantial evidence to support the amount of the award.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“There was no abuse of discretion as there was competent substantial evidence to support the amount of the award.”
The court's holding that the $3,500 attorney's fee award is reasonable and supported by the record.
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Join FLexlaw to unlock all legal intelligencePlanas & Franyie Engineers filed a mechanic's lien against the Padillas' property. The Padillas filed a complaint to discharge the lien in May 1973. P…
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PER CURIAM.
Defendant-appellant, Planas & Franyie Engineers, Inc., appeal as being excessive an award of $8,500 in attorney’s fees for plaintiff-appellees, Jose and Hortensia Padilla.
Planas & Franyie Engineers, Inc. caused a claim of lien to be filed against the property of Jose and Hortensia Padilla. The Padillas on May 8, 1973 filed a complaint to discharge the mechanic’s lien. Planas & Franyie answered and filed a counterclaim to foreclose the lien and a counterclaim for breach of contract. Following pretrial discovery, the Padillas on June 15, 1974 filed a motion for summary judgment on their complaint to discharge lien and on Planas & Franyie’s counterclaim to foreclose lien on the ground that the lien was not filed within 90 days of the last work completed on the project. The motion came on for hearing, at the conclusion of which the trial judge granted partial summary judgment in favor of the Padillas with respect to the claims concerning the mechanic’s lien. The cause proceeded to a non-jury trial on Planas & Franyie’s counterclaim for breach of contract and a judgment was entered for the Padillas. The Padillas moved for costs and attorney’s fees and after hearing argument of counsel, the trial judge awarded them $4,000 as a reasonable fee. Planas & Fra-nyie appealed and contended the award was excessive.
This court agreed and remanded on the authority of Jackson v. Hatch, 288 So. 2d 564 (Fla.2d DCA 1974) that the attorney’s fee should be awarded only with respect to the lien foreclosure aspect of the case. Planas & Franye Engineers, Inc. v. Padilla, 310 So. 2d 354 (Fla.3d DCA 1975).
In accordance with the mandate of this court, the trial judge conducted an additional hearing and took additional testimony concerning a reasonable attorney’s fee for that portion of the services rendered by the Padillas’ attorney with respect to the lien foreclosure. Padillas’ attorney testified that he spent 56 hours prior to the entry of summary judgment on the mechanic’s lien claim for the Padillas. Padillas’ expert opined that the value of the legal services rendered was between $4,500 and $5,000. Planas & Franyie did not present any witnesses. At the conclusion of the hearing, the trial judge awarded $3,500 as a reasonable fee.
There was no abuse of discretion as there was competent substantial evidence to support the amount of the award. Cf. In Re Estate of Lunga, 322 So. 2d 560 (Fla.3d DCA 1975).
Affirmed.
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Citator
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Amnesia Int'l, Inc. v. Sunhouse Int'l, Inc., 675 So. 2d 707 (Fla. 3d DCA 1996)…Sun-house’s action against the architect was not for such a purpose, the time spent by Sun-house’s counsel in separate litigation against Amnesia’s architect on the project was not a proper basis for fees. See Planas & Franyie Eng’r Inc. v. Padilla, 341 So. 2d 259 (Fla. 3d DCA 1977); Bentley Constr. Dev. & Eng’r, Inc. v. All Phase Elec. & Maintenance, Inc., 562 So. 2d 800 (Fla. 2d DCA 1990). Affirmed in part; reversed in part and remanded for recalculation of attorneys’ fees.…
Authorities Cited
- Ronald Jackson and Joanne v. Jackson, 288 So. 2d 564 (Fla. 2d DCA 1974)
- In re Est. of Alek G. Lunga v. Mallory Horton and Samuel J. Hannon, 322 So. 2d 560 (Fla. 3d DCA 1975)
- Planas & Franye Eng'rs, Inc. v. Padilla, 310 So. 2d 354 (Fla. 3d DCA 1975)