GORDON v. WARREN HEATING & A.C.

No. 76-1584.

340 So.2d 1234 (1976)

S.R. GORDON, Appellant, v. WARREN HEATING & AIR CONDITIONING, INC., Etc., Appellee.

District Court of Appeal of Florida, Fourth District.

December 17, 1976.


Attorney(s) appearing for the Case

Kenneth J. Scherer, Law Offices of Robert S. Levy, West Palm Beach, for appellant.

Gregory B. Dickenson of Warwick, Paul & Campbell, Palm Beach, for appellee.


ALDERMAN, Judge.

The appellee, plaintiff below, brought an action to foreclose a mechanic's lien. Eventually appellee voluntarily dismissed the action and immediately instituted a new lawsuit based on the same mechanic's lien. The trial court entered an order denying the appellant's motion for attorney's fees and costs, "without prejudice to claim the same" in the new action. The issues before us are whether the appellant is entitled to attorney's fees and costs for...

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