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Gregory Constr. v. Stofft Arch.

District Court of Appeal of Florida, Fourth District
May 31, 2000
762 So. 2d 536 (Fla. Dist. Ct. App. 2000)

Opinion

Case Nos. 4D99-0574, 4D99-2685 4D99-3093.

Opinion filed May 31, 2000.

Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Thomas E. Sholts and Walter N. Colbath, Jr., Judges; L.T. Case No. CL 98-7005 AW.

Timothy H. Kenney of Timothy H. Kenney, P.A., West Palm Beach, for appellants.

Jeffrey T. Royer and Peter M. Feaman of Buckingham, Doolittle Burroughs LLP, Boca Raton, for appellee.


We find no error in the imposition of a mechanic's lien in favor of the appellee architect. We do, however, agree with the corporate appellant that the trial court erred in not making findings of fact as to the reasonable numbers of hours expended and the hourly rate in assessing attorney's fees. Jones v. Associates Fin. Inc., 565 So.2d 394 (Fla. 1st DCA 1990). The court did not err in finding that the claims were inextricably intertwined, and there was accordingly no need to apportion.

We also agree with appellant Bader that, because he prevailed on appellee's attempt to establish a lien against him individually, he is entitled to attorney's fees under section 713.29, Florida Statutes (1997). We therefore reverse for the trial court to award appellant Bader attorney's fees and to make findings of fact in regard to the fees awarded appellee architect.

KLEIN, STEVENSON and HAZOURI, JJ., concur.


Summaries of

Gregory Constr. v. Stofft Arch.

District Court of Appeal of Florida, Fourth District
May 31, 2000
762 So. 2d 536 (Fla. Dist. Ct. App. 2000)
Case details for

Gregory Constr. v. Stofft Arch.

Case Details

Full title:GREGORY CONSTRUCTION, INC. and GREGORY T. BADER, Appellants, v. RANDALL E…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 31, 2000

Citations

762 So. 2d 536 (Fla. Dist. Ct. App. 2000)