Old Gen. Ins. Co. v. Brownell & Assoc., Inc.
Cases that cite this one
4 later published cases cite this decision.
- Fidelity & Deposit Co. of Maryland v. Distefano Construction, Inc. (Fla. Dist. Ct. App. 1990)
- Aetna Cas. and Sur. Co. v. Buck (Fla. 1992)
- Pappalardo Construction Co. v. Buck (Fla. Dist. Ct. App. 1990)
- Williams, Hatfield & Stoner, Inc. v. A & E Design, Inc. (Fla. Dist. Ct. App. 1989)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OLD GENERAL INSURANCE COMPANY, a Pennsylvania Corporation, Appellant,
v.
E.R. BROWNELL & ASSOCIATES, INC., a Florida Corporation, Cedars Associates, a Limited Partnership, and the Estate of Jacob Cobos, Appellees.
District Court of Appeal of Florida, Third District.
Hershoff and Levy and Jay M. Levy, for appellant.
Clark, Dick & Lancaster and John C. Dick, for appellees.
Before HUBBART, BASKIN and FERGUSON, JJ.
PER CURIAM.
The narrow question presented by this appeal is whether a mechanic's lien which is transferred to a bond pursuant to section *875 713.24 of the Mechanics' Lien Statute may be increased by the court to provide for attorney's fees in an amount to exceed $100.
We agree with the decisions of the Fourth District, strictly construing the statute, which hold that a mechanic's lien transferred to a surety bond may be increased to include costs, which may include the prevailing party's attorney's fees, but that such costs may not exceed $100. The lienor, in such cases where the costs exceed $100, is left with an unsecured judgment for the balance. See Gesco, Inc. v. Edward L. Nezelek, Inc., 414 So.2d 535 (Fla. 4th DCA 1982), review denied, 426 So.2d 27 (Fla. 1983); Symons Corp. v. Tartan-Lavers Delray Beach, Inc., 456 So.2d 1254 (Fla. 4th DCA 1984).
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.