MASHAN CONTRACTORS, INC. v. BAILEY

No. 3D04-2052.

922 So.2d 330 (2006)

MASHAN CONTRACTORS, INC., Appellant/Cross-Appellee, v. Robert W. BAILEY and Linda F. Bailey, husband and wife, and V. Pinnock Bailey II, and Agneta H. Bailey, husband and wife, and John Doe and Jane Doe and all other possession, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Third District.

February 22, 2006.


Attorney(s) appearing for the Case

Gonzalo R. Dorta, Miami, for appellant/cross-appellee.

Josephs, Jack & Miranda, P.A., and Susan S. Lerner, Miami, for appellees/cross-appellants.

Before COPE, C.J., and GERSTEN and SUAREZ, JJ.


COPE, C.J.

This is an appeal and cross-appeal after a bench trial in construction litigation. We reverse on the issue of attorney's fees, and affirm the remainder of the judgment.

So far as is pertinent here, the appellant contractor sued the appellee owners seeking to foreclose a construction lien. This was the only claim by the contractor carrying with it an entitlement to attorney's fees. See § 713.29, Fla. Stat. (1999). The trial court found...

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