DOW v. McKINLEY

No. 5D99-2724.

776 So.2d 1017 (2001)

James G. DOW & Nancy Dow, Appellants, v. John A. McKINLEY, Appellee.

District Court of Appeal of Florida, Fifth District.

January 19, 2001.


Attorney(s) appearing for the Case

Glenn T. Sundin, Merritt Island, for Appellants.

Stewart B. Capps of Stewart B. Capps, P.A., Indialantic, for Appellee.


THOMPSON, C.J.

This appeal of an order awarding attorney's fees and costs arises out of a construction dispute between James and Nancy Dow ("Dows") and John A. McKinley ("McKinley"), the contractor they hired to build their single-family home. We reverse.

After the Dows refused to pay McKinley's final invoice of $56,096.87, McKinley filed a mechanic's lien in that amount and a complaint, which included four counts: foreclosure of lien, breach of contract,...

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