Wen-Dic Construction Co. v. Mainlands Construction Co.

I concur completely with the majority opinion with the exception of the award of attorney’s fees to appellant.

Appellant claims an entitlement to fees under section 713.29, Florida Statutes (1983), which provides:

In any action brought to enforce a lien under part I, the prevailing party shall be entitled to recover a reasonable fee for the services of his attorney for trial and appeal, to be determined by the court, which shall be taxed as part of his costs, as allowed in equitable actions.

The purpose of the statute is to make the prevailing party whole while at the same time discouraging…