Showing posts from January, 2013

GMPF Framing, LLC., v Villages at Lake Lily Associates, LLC., 2012 WL 5364649 ( Fla. 5th DCA 2012)
In a nutshell: Prevailing on a lien claim does not automatically entitle you to an award of attorney’s fees.
GMPF filed a lien foreclosure action against the owner of Villages at LakeLily for certain unpaid work. As part of its foreclosure suit, GMPF asserted claims for unjust enrichment and for an equitable lien. The owner prevailed on the lien claim and was awarded attorney’s fees under Florida Statute 713.29 as the “prevailing party” by the Trial Court. GMPF appealed the Trial Court’s award of fees arguing that it was improper to award the Owner fees before the claims for unjust enrichment and equitable lien had been decided. The 5th District agreed with GMPF and reversed the award of fees until the other claims raised by GMPF were considered. The 5th District reasoned that GMPF may yet be the “prevailing party” under 713.29 if it carried the day on its other t…