H.D. McPHERSON, INC. v. METRO ELECTRIC OF ORLANDO, INC.

No. 71-120.

253 So.2d 878 (1971)

H.D. McPHERSON, INC., a Florida Corporation, Appellants, v. METRO ELECTRIC OF ORLANDO, INC., a Florida Corporation, Formerly Modern Electric, a Dissolved Partnership, Appellee.

District Court of Appeal of Florida, Fourth District.

October 28, 1971.


Attorney(s) appearing for the Case

Joseph M. Murasko, Fern Park, for appellants.

No appearance for appellee.


WALDEN, Judge.

This is an appeal from an order denying defendants-McPhersons motion for attorney fees pursuant to his successful defense of a foreclosure action under the Mechanics' Lien Law. We reverse.

Briefly, defendant argues that he is the prevailing party and as such, under Section 713.29, F.S. 1969, F.S.A., he is entitled to attorney fees. That statute is as follows:

"Attorney's fees. — In any action brought to enforce a lien under part...

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