Opinion
Case No. 5D06-1569.
Opinion filed August 3, 2007.
Appeal from the Circuit Court for Orange County, Thomas A. Mihok, Judge.
Edward M. Baird and Mark T. Snelson, of Wright, Fulford, Moorhead Brown, P.A., Orlando, for Appellant.
Michael R. D'Lugo, of Wicker, Smith, O'Hara, McCoy, Graham Ford, P.A., Orlando, for Appellee.
ON MOTION FOR REHEARING AND FOR CERTIFICATION
The appellees, Frank J. Trytek and Cathy L. Trytek, have moved for rehearing and for certification of a question of great public importance. Although we deny the motion for rehearing, we do certify the following question upon which we passed in accordance with rule 9.030(a)(2)(A)(v), Florida Rules of Appellate Procedure, as one of great public importance:
When a lienor obtains a judgment against a property owner in an action to enforce a construction lien brought pursuant to section 713.29, Florida Statutes (2005), does the trial court have the discretion to apply the "significant issues" test articulated in Prosperi v. Code, Inc., 626 So. 2d 1360 (Fla. 1993), instead of the net judgment rule in determining which party is the "prevailing party" for the purpose of awarding attorney's fees?
MONACO, EVANDER, JJ., and ORFINGER, M., Senior Judge concur.