COSMOS DEVELOPERS v. MARGARETTEN AND CO.

No. 97-691.

704 So.2d 687 (1997)

COSMOS DEVELOPERS, INC., Appellant, v. MARGARETTEN AND COMPANY, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 11, 1998.


Attorney(s) appearing for the Case

John H. Lipinski, Hollywood, for appellant.

Markowitz, Davis, Ringel & Trust and Jeffrey T. Kucera and Joseph Davis, Miami, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and SHEVIN, JJ.


PER CURIAM.

We reverse the final judgment awarding costs and fees to co-defendant Margaretten & Co., Inc. in Cosmos Developers, Inc.'s action to foreclose on a mechanics lien.

Margaretten was a named defendant in only one count of Cosmos's complaint. The Mitzners were named defendants in, and actively defended all four counts of the complaint. Upon granting the defendants' motions for fees the trial court awarded the Mitzners' counsel 96 hours as reasonably...

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