OLIVER GENERAL FENCE, INC. v. ROCHE

No. 91-1207.

594 So.2d 339 (1992)

OLIVER GENERAL FENCE, INC., Appellant, v. James M. ROCHE and Mary M. Roche, Appellees.

District Court of Appeal of Florida, Fifth District.

February 28, 1992.


Attorney(s) appearing for the Case

Barry Kalmanson of Barry Kalmanson, P.A., Orlando, for appellant.

Richard D. Connor, Jr. and Christopher T. Vernon of Pleus, Adams & Spears, P.A., Orlando, for appellees.


RICHARDSON, E., Associate Judge.

This is an appeal of a final judgment denying appellant, Oliver General Fence, Inc., an amount of attorney's fees in its mechanic's lien and breach of contract suit against appellees, James and Mary Roche. Appellant seeks its fee under two theories: (1) under section 713.29, Florida Statutes (1989) as the prevailing party in a mechanic's lien action; and (2) under the terms of the written contract of the parties.

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