ROBERT D. ALLEN AND EDDA ALLEN, HIS WIFE, APPELLANTS,
v.
RONALD M. SCOTT, APPELLEE

Fla. 1st DCA | 1978-04-28
No. HH-5
ERVIN and BOOTH, JJ., concur.
358 So. 2d 1112 Florida District Court of Appeal, First District (1978) Positive Treatment
Cited by 4 cases

Opinion of the Court
SMITH, Acting Chief Judge.

SMITH, Acting Chief Judge.

Appellants Allen successfully resisted appellee Scott’s claim for a mechanic’s lien, but the trial court denied the Allens’ post-trial motion for attorney’s fees. That was error. Section 713.29, Florida Statutes (1977) requires an award of reasonable fees to the prevailing party for the services of his or her attorney. Charter Development Corp. v. Eversole, 342 So. 2d 143 (Fla. 1st DCA 1977). Appellants’ other point on appeal is without merit.

REVERSED and REMANDED to award appellants a reasonable fee for their attor ney’s representation on the mechanic’s lien claim in the trial court. No consideration need be given to appellate services, for which no fee request was presented to this court.

ERVIN and BOOTH, JJ., concur.


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  • Cloutier v. Cent. Contracting, Inc., 418 So. 2d 1233 (Fla. 5th DCA 1982)
    …consistent with this opinion. REVERSED AND REMANDED. ORFINGER, C. J., and COBB, J., concur. . The Court had previously ruled appellants were entitled to $35.00 for negligent damage done to their building by Central Contracting, . Allen v. Scott, 358 So. 2d 1112 (Fla. 1st DCA 1978); Dominguez v. Benach, 277 So. 2d 567 (Fla. 3d DCA 1973).…
  • O'Kon & Co., Inc. v. Riedel, 588 So. 2d 1025 (Fla. 1st DCA 1991)
    …the appeal and cross appeal, but remand to the trial court for an award of attorney’s fees to RSW, as RSW successfully resisted O’Kon’s claim for mechanic’s lien and is entitled to a fee under section 713.29, Florida Statutes (1987). Allen v. Scott, 358 So. 2d 1112 (Fla. 1st DCA 1978). O’Kon is a Georgia corporation engaged in the business of providing architectural and engineering services with respect to hotel projects. RSW proposed to construct a hotel on property in Leon County and contracted with O’Kon o…

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