FIDELITY & DEPOSIT CO. OF MD. v. DISTEFANO CONST., INC.

No. 89-1550.

562 So.2d 845 (1990)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellant/Cross-Appellee, v. DiSTEFANO CONSTRUCTION, INC., a Florida Corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

June 19, 1990.


Attorney(s) appearing for the Case

Popham, Haik, Schnobrich & Kaufman, Ltd. and Patricia H. Thompson and Ubaldo J. Perez, Jr., Miami, for appellant/cross-appellee.

Gossett, McDonald, Gossett & Crawford, and Ronald Gossett, Fort Lauderdale, for appellee/cross-appellant.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.


JORGENSON, Judge.

Fidelity and Deposit Company of Maryland appeals a final judgment awarding DiStefano Construction, Inc., attorney's fees and ordering an increase in the lien transfer bond. For the following reasons, we reverse.1

Fidelity and Deposit Company was the surety on a lien transfer bond issued on a claim of mechanic's lien filed by DiStefano Construction. DiStefano sued to foreclose on the lien. Following a trial, the...

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