PLANAS & FRANYE ENGINEERS v. PADILLA

No. 74-894.

310 So.2d 354 (1975)

PLANAS & FRANYE ENGINEERS, INC., Appellant, v. Jose B. PADILLA and Hortesia Padilla, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 22, 1975.


Attorney(s) appearing for the Case

Pettigrew & Bailey and Eugene E. Stearns, Miami, for appellant.

Ronald S. Golub, Miami, for appellees.

Before PEARSON and HENDRY, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

The plaintiff in a mechanic's lien foreclosure brings this appeal from an order allowing an attorney's fee for the defendant after plaintiff's failure to establish a lien. The basis for an attorney's fee in such instances is Fla. Stat. § 713.29. Plaintiff concedes that it is liable for a reasonable fee but urges that inasmuch as the mechanic's lien foreclosure aspect of the litigation was dismissed with prejudice prior to trial, the trial court erred...

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