Oakdale Park, Ltd. v. Byrd, DD-21
| Citation | 346 So.2d 648 |
| Decision Date | 25 May 1977 |
| Docket Number | No. DD-21,DD-21 |
| Parties | OAKDALE PARK, LTD., Appellant, v. James BYRD and Henry Harrell, Appellees. |
| Court | Court of Appeal of Florida (US) |
Gary W. Tennyson, of Tennyson & Powell, Panama City, for appellant.
Clayton J. M. Adkinson, of Thompson & Adkinson, DeFuniak Springs, for appellees.
Oakdale Park, Ltd., appeals from an order fixing attorney's fees and costs in an action to foreclose mechanic's lien and arbitration proceeding resolving the dispute. Appellees entered into a subcontract with Oakdale whereby they were employed to furnish materials and labor and other services to Oakdale. The subcontract contained a mandatory arbitration clause. In pursuing their claim of lien, appellees filed a verified claim in which they stated that they were entitled to certain sums for labor and materials last furnished on June 20, 1974, and July 17, 1974. On November 6, 1974, without mentioning or seeking arbitration pursuant to their contract, appellees filed their complaint to foreclose mechanic's lien, including a request for attorney's fees. No mention was made therein of arbitration pursuant to the contract. Upon Oakdale's motion in the foreclosure proceedings, the trial court ordered the parties to arbitrate, which arbitration resulted in an award of damages to appellees but did not award an attorney's fee. Oakdale paid the amount of the award to appellees, and the court thereafter entered the order appealed.
We agree with the reasoning and conclusion of our sister court in Beach Resorts Intern. v. Clarmac Marine Const., 339 So.2d 689 (Fla. 2nd DCA 1976). There the court held that "the mechanic's lien statute, in cases initiated as lien foreclosures but submitted to mandatory arbitration, is not operative unless the judgment entered confirming, vacating or modifying the arbitration award must be enforced in favor of the plaintiff." The Second District ruled that payment of the arbitration award and acceptance thereof constitutes settlement of the controversy between the parties; that the mode and substance of recovery in such instance is defined by the Arbitration Code and not the Mechanic's Lien Law. Judge Hobson, speaking for the court, stated:
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...mechanics' lien statute, Beach Resorts Int'l, Inc. v. Clarmac Marine Constr. Co., 339 So.2d 689 (Fla.App.1976), and Oakdale Park, Ltd. v. Byrd, 346 So.2d 648 (Fla.App.1977). In these cases legal fees granted by statute for lien foreclosure actions were denied to claimants who won arbitratio......
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...does not provide for such fees. Cf. Beach Resorts Intern. v. Clarmac Marine Const., 339 So.2d 689 (Fla.App.1976); Oakdale Park Ltd. v. Byrd, 346 So.2d 648 (Fla.App.1977). Plaintiff's second argument, however, is that this contract did preserve for the parties such rights to attorney fees as......
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...demand an appraisal. The Jerkinses were not required to request an appraisal prior to filing their lawsuit. See Oakdale Park, Ltd. v. Byrd, 346 So.2d 648, 650 (Fla. 1st DCA 1977) ("A party, who has entered into a contract requiring arbitration, may not flagrantly disregard this contractual ......
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H. R. H. Prince Ltc. Faisal M. Saud v. Batson-Cook Co.
...to enforce its arbitration rights, a waiver of the arbitration provisions of the contract may have occurred. See Oakdale Park Ltd. v. Byrd, 346 So.2d 648 (Fla.App.1977). Appellee is entitled to protect its rights to a materialmen's lien by filing a claim of lien and by filing a petition to ......