Wood v. Barnes

ON REHEARING

In our original opinion we reversed the trial court’s judgment and rendered judgment foreclosing appellant’s mechanic’s and materialmen’s liens, including the sum of $450 as attorney’s fees. Appellees in their motion for rehearing take issue in general with our judgment holding appellant’s liens valid and ordering foreclosure in any amount, but in particular they contend that it was error to include attorney’s fees in the judgment of foreclosure.

We agree with appellees. The amount of an attorney’s fee may not be included in a judgment of foreclosure of a mechanic’s lien unless the…