Opinion
No. 3D18-2329
12-26-2019
Joseph P. KLOCK, Jr., Appellant, v. Mario CAPONE, Appellee.
Rasco Klock Perez & Nieto, and Juan Carlos Antorcha and Hilton Napoleon, II, for appellant. The Fischman Law Firm, P.A., and Bruce D. Fischman, for appellee.
Rasco Klock Perez & Nieto, and Juan Carlos Antorcha and Hilton Napoleon, II, for appellant.
The Fischman Law Firm, P.A., and Bruce D. Fischman, for appellee.
Before EMAS, C.J., and LOGUE and SCALES, JJ.
PER CURIAM.
Affirmed. See Regency Homes of Dade, Inc. v. McMillen, 689 So. 2d 1204, 1204 (Fla. 3d DCA 1997) (affirming trial court order awarding full amount sought for attorney's fees where defendant successfully defended an action to foreclose a construction lien (entitling it to statutory attorney's fees) and prevailed on counterclaim for breach of contract, negligence and fraud, and holding that "the issues involved in defending against the construction lien claim are intertwined with the remaining issues in the case, and that the attorney's time cannot reasonably be apportioned"); Caplan v. 1616 East Sunrise Motors, Inc., 522 So. 2d 920, 921-22 (Fla. 3d DCA 1988) (reversing order awarding reduced amount of attorney's fees and holding that "where, as here, all the claims made against a defendant involve ‘a common core of facts and [are] based on related legal theories,’ the award of attorney's fees should not be reduced in the absence of a showing that the defendant's attorneys spent a separate and distinct amount of time in defending a count upon which no attorney's fees were awardable" (quoting Chrysler Corp. v. Weinstein, 522 So. 2d 894, 896 (Fla. 3d DCA 1988) )).