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REGENCY HOMES OF DADE, INC. v. McMILLEN

No. 96-864.

689 So.2d 1204 (1997)

REGENCY HOMES OF DADE, INC., Appellant, v. Bertram McMILLEN, III and Sarah Jane Southerland McMillen, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 7, 1997.

Attorney(s) appearing for the Case

Gillespie & Allison and R. Bowen Gillespie, III, Boca Raton, for appellant.

Catlin, Saxon, Tuttle & Evans and William M. Tuttle, II; Stephen S. Southerland, Miami, for appellees.

Before JORGENSON, COPE and FLETCHER, JJ.

COPE, Judge.

Regency Homes of Dade, Inc. ("contractor") appeals an order awarding attorney's fees under section 713.29, Florida Statutes, after the appellee homeowners successfully defended against the appellant contractor's claim to enforce a construction lien. We affirm.

The homeowners filed suit against the contractor, alleging breach of a residential construction contract, negligence, and fraud. The contractor counterclaimed for breach of the construction...

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