Allied Glass Corp. v. Austin Co.

BASKIN, Judge.

This interlocutory appeal requires us to decide whether in an action involving discharge of a mechanic’s lien and a counterclaim to enforce the mechanic’s lien a third-party defendant is entitled to recover attorney’s fees under section 713.29, Florida Statutes (1979). After the original parties to the lawsuit settled their claims, the trial court awarded fees and costs to The Austin Company [Austin], the third-party defendant, in an amount to be determined at a later date. We hold that the trial court erred in awarding Austin fees and costs from Allied Glass Corporation…