Opinion
No. 76-1034.
March 4, 1977. Rehearing Denied March 30, 1977.
Appeal from the Circuit Court, Pinellas County; C.M. Kissinger, Judge.
Michael L. Hastings of Battaglia, Ross Stolba, St. Petersburg, for appellants.
Dennis A. Koltun of Koltun Tobias, Coral Gables, for appellees.
We have reviewed the several points raised by both parties, and except as noted below find no reversible error.
Appellees filed a claim of lien against real property owned by Delcon-Long Bayou Co., Inc. Delcon-Long had the lien transferred from the realty to a surety bond pursuant to Section 713.24, Florida Statutes (1975). A judgment for mechanic's lien was finally entered against Delcon-Long and its surety, Allstate Insurance Company, in the sum of $19,018.40 plus costs of $1,906.14. That portion of the judgment against the surety relating to costs must be reduced to $100 because the bond specified by Section 713.24 is only required to be conditioned upon the satisfaction of the lien and the payment of costs not to exceed $100.
Accordingly, the judgment is affirmed, but the case is remanded with directions to reduce the total of the final judgment entered against Allstate Insurance Company by $1,806.14.
McNULTY, Acting C.J., and GRIMES and SCHEB, JJ., concur.