HARPER PLUMBING & HEATING CO., INC. v. NOEL

No. 83-856.

448 So.2d 587 (1984)

HARPER PLUMBING & HEATING CO., INC., a Florida Corporation, Appellant, v. Mrs. Nichole NOEL a/k/a Mrs. Nichole Noel Helliar, Appellee.

District Court of Appeal of Florida, Fifth District.

April 12, 1984.


Attorney(s) appearing for the Case

Robert C. Wattles, Orlando, for appellant.

No appearance for appellee.


DAUKSCH, Judge.

This is an appeal from a judgment in a suit to foreclose a mechanic's lien and a judgment denying counterclaim in that suit.

The sole simple issue for us to decide is whether the appellant is entitled to an attorney's fee for defending the counterclaim it won. The answer is no because the counterclaim was for damages, not a mechanic's lien. Just because the main action was for foreclosure of a mechanic's lien (which appellant lost) does not...

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