ALBIEZ v. WILKINSON

No. 89-00253.

546 So.2d 1112 (1989)

Robert L. ALBIEZ and Patricia Albiez, Appellants, v. Don WILKINSON, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 4, 1989.


Attorney(s) appearing for the Case

Philip N. Hammersley of Trawick, Hammersley & Valentine, P.A., Sarasota, for appellants.

Robert W. Beaudry of Lyons, Beaudry & Anderson, P.A., Sarasota, for appellee.


PER CURIAM.

The issue in this case is whether the trial court erred in denying appellants' motion for attorney's fees filed pursuant to section 713.29, Florida Statutes (1987). Because appellants effectively defeated appellee's efforts to foreclose a mechanic's lien by recovering a judgment on their counterclaim for breach of contract in excess of the damages that appellee was awarded for his claim under the same contract, the trial court erred in determining that...

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