Date: 04-21-2011

Case Style: John F. Shuler v. The City of Bristol, Florida

Case Number: 1D10-0919

Judge: Per Curiam

Court: Florida Court of Appeal, First District on appeal from the Circuit Court for Liberty County

Plaintiff's Attorney: Jonna L. Bowman of the Law Office of Jonna Bowman, P.A., Blountstown, for Appellant.

Defendant's Attorney: Craig A. Dennis and Melanie M. Burnette of Dennis, Jackson, Martin & Fontela, P.A., Tallahassee, for Appellee.

Description: We decline to disturb an award of attorney’s fees ordered to make whole a property owner who was required to incur them in order to procure dissolution of a lien having no arguable legal basis, particularly since the trial court found the lien had been placed vindictively. Cf. S & T Builders v. Globe Props., Inc., 944 So. 2d 302, 305 (Fla. 2006) (authorizing an award of the fees incurred in procuring the discharge of a wrongly filed lis pendens). We affirm, despite the trial court’s misplaced reference to the “Construction Lien Law.� See Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638, 644-45 (Fla. 1999).

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See: http://opinions.1dca.org/written/opinions2011/04-21-2011/10-0919.pdf

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: