Say Service, Inc. v. Willig

Full title: SAY SERVICE, INC., A FLORIDA CORPORATION, APPELLANT, v. MARVIN WILLIG AND…

Court: District Court of Appeal of Florida, Third District

Date published: Jul 30, 1985

473 So. 2d 43 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2788.

July 30, 1985.

Appeal from the Circuit Court, Dade County Mario Goderich, J.

Coleman R. Rosenfield, William B. Stern, Hollywood, for appellant.

Broad Cassel and Wilfredo A. Rodriguez, Ignacio Siberio, Miami, for appellees.

Before HENDRY, BASKIN and JORGENSON, JJ.

PER CURIAM.

This is an appeal by plaintiff from orders assessing attorney's fees and costs in favor of the defendants/appellees in an action to enforce a mechanic's lien.

The sole point on appeal is whether a party defendant who through litigation successfully resists a claim to enforce a mechanic's lien against his property interest is entitled to recover his reasonable attorney's fees under section 713.29, Florida Statutes (1983).

We hold that the trial court did not err in assessing such fees and taxing costs against the unsuccessful plaintiff. Sanfilippo v. Larry Giacin Tile Co., Inc., 390 So.2d 413 (Fla. 4th DCA 1980); Falovitch v. Gunn and Gunn Construction Co., 348 So.2d 560 (Fla. 3d DCA 1977); H.D. McPherson, Inc. v. Metro Electric of Orlando, Inc., 253 So.2d 878 (Fla. 4th DCA 1971); see § 713.29, Fla. Stat. (1983).

Affirmed.