Opinion
No. 74-672.
March 14, 1975.
Appeal from the Seminole County Circuit Court, Roger F. Dykes, J.
J. Russell Hornsby, Law Offices of J. Russell Hornsby, Orlando, for appellants.
Ronald P. Teevan, Robertson, Williams, Duane Lewis, Orlando, for appellee — Central Florida Fence Corp., Inc.
Affirmed.
CROSS and MAGER, JJ., concur.
WALDEN, J., concurs in part and dissents in part, with opinion.
I agree that no reversible error has been demonstrated as regards the granting of summary judgment.
I dissent as concerns the award of attorney fees on the ground that the amount was excessive to the degree that it demonstrates an abuse of discretion.
This was a suit to enforce a statutory lien arising out of the erection of a fence. Summary judgment was entered for plaintiff and, being the prevailing party, it was entitled to an award of attorney fees. The lien was for $3,877.00. The attorney fees allowed were in the sum of $1,800. This was a simple case which did not involve a trial. From the record it is my opinion that such award of fees was punitive and simply not legally justified. I think the award should be reduced by this court by fifty percent.