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FASHION TILE & MARBLE, INC. v. ALPHA ONE CONST. & ASSOCIATES, INC.

No. 88-636.

532 So.2d 1306 (1988)

FASHION TILE & MARBLE, INC., Appellant, v. ALPHA ONE CONSTRUCTION & ASSOCIATES, INC., Gerken & Company, Inc., and W.B. Johnson Properties, Inc., Appellees.

District Court of Appeal of Florida, Second District.

October 26, 1988.

Attorney(s) appearing for the Case

Raymond L. Bass of Miller, Bass & Chernoff, Naples, for appellant.

James H. Siesky of Siesky and Lehman, P.A., Naples, for appellees.

SCHOONOVER, Judge.

The appellant, Fashion Tile & Marble, Inc., challenges an attorney's fee award it received pursuant to section 713.29, Florida Statutes (1985), as the prevailing party in a mechanic's lien action. We find that although the trial court had discretion to consider the "results obtained" by the appellant in determining a reasonable attorney's fee, it erred by limiting the fee to a percentage of the amount of damages recovered. We, accordingly, reverse...

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