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Neeley v. Maxson Construction Co.

Citations: 553 So. 2d 762; 14 Fla. L. Weekly 2904; 1989 Fla. App. LEXIS 7040; 1989 WL 151470Docket: No. 89-01051

Court: District Court of Appeal of Florida; December 14, 1989; Florida; State Appellate Court

Narrative Opinion Summary

The case involves a dispute between Maxson Construction Company, Inc. and appellants William S. Neeley and Sylvia G. Neeley, following arbitration proceedings. Maxson filed a second amended complaint seeking foreclosure of a mechanic's lien and alleging breach of contract, while the Neeleys filed counterclaims. The parties had agreed to binding arbitration, stipulating that the prevailing party would be entitled to reasonable attorney’s fees and taxable costs. Upon receiving an arbitration award in its favor, Maxson sought attorney’s fees and costs under the arbitration agreement and Florida Statute Chapter 713. The trial court awarded Maxson these fees, emphasizing that the contract terms were unambiguous in indicating the parties' intent. The court found the trial judge acted correctly and affirmed the decision, citing section 713.29, Florida Statutes, which allows the prevailing party in lien enforcement actions to recover reasonable attorney’s fees as part of costs. The outcome upheld Maxson's entitlement to attorney’s fees based on the arbitration stipulation and statutory provisions.

Legal Issues Addressed

Arbitration Agreement and Attorney's Fees

Application: The court applied the arbitration agreement stipulation that the prevailing party is entitled to reasonable attorney’s fees and taxable costs, which included claims and counterclaims.

Reasoning: The parties agreed to binding arbitration, stipulating that the arbitrators' decisions would be binding, with the prevailing party entitled to reasonable attorney’s fees and taxable costs, which would include claims and counterclaims.

Mechanic's Lien Enforcement under Florida Statute Section 713.29

Application: The legal principle entitles the prevailing party in lien enforcement actions to recover reasonable attorney’s fees as part of costs, which was applied to award fees to Maxson Construction Company.

Reasoning: The applicable statute is section 713.29, Florida Statutes, which entitles the prevailing party in lien enforcement actions to recover reasonable attorney’s fees as part of costs.

Unambiguous Contract Terms

Application: The court affirmed that the terms of the contract were clear in indicating the parties' intent for the prevailing party to receive costs and fees as determined by the court.

Reasoning: The court found that the trial judge correctly awarded fees based on the arbitration stipulation, affirming that the contract's terms were unambiguous and indicated the parties' intent for the prevailing party to receive costs and fees as determined by the court.