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HUB CAP HEAVEN, INC. v. GOODMAN

No. 82-1173.

431 So.2d 323 (1983)

HUB CAP HEAVEN, INC., Appellant, v. Harvey GOODMAN and Linda C. Goodman, His Wife, Appellee.

District Court of Appeal of Florida, Third District.

May 17, 1983.

Attorney(s) appearing for the Case

Schoninger, Jankowitz, Siegfried & Kipnis and Tom Hall, Miami, for appellant.

Blank, Rome, Comisky & McCauley and Jeffrey A. Sarrow, Miami, for appellee.

Before HENDRY, BARKDULL and JORGENSON, JJ.

PER CURIAM.

When a claimant in a mechanic's lien action recovers a judgment in any amount,1 a trial court errs in not finding the lienor the "prevailing party" and awarding attorney's fees pursuant to Section 713.29 of the Florida Statutes. American Insulation of Fort Walton Beach, Inc. v. Pruitt, 378 So.2d 339 (Fla. 1st DCA 1980); Peter Marich & Associates, Inc. v. Powell, ...

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