Opinion
No. 81-416.
December 16, 1981. Rehearing Denied March 9, 1982.
Appeal from Circuit Court, Indian River County; G. Kendall Sharp, Judge.
Edward J. Richardson of Saxon Richardson, Melbourne, for appellant.
Calvin B. Brown of Collins, Brown, Caldwell Evans, Vero Beach, for appellees.
Appellant has failed to demonstrate reversible error and, consequently, we affirm the trial court's decision on the merits. However, it was conceded at oral argument that it was error not to award appellees/defendants' attorney's fees for that portion of the defense which was necessary to defeat the mechanic's lien claim. Accordingly, the judgment is affirmed in part and reversed in part and the cause is remanded with instructions to award appellees an appropriate attorney's fee.
GLICKSTEIN and HURLEY, JJ., and GREEN, OLIVER L., Associate Judge, concur.