Schabert v. Montaltos
| Decision Date | 02 March 1984 |
| Docket Number | No. 83-1058,83-1058 |
| Citation | 445 So.2d 1136 |
| Parties | Glenn R. SCHABERT and L.C. Crews, Appellants/Cross-Appellees, v. William MONTALTOS and Genevieve L. Montaltos, Appellees/Cross-Appellants. |
| Court | Florida District Court of Appeals |
John F. Howard, Sebring, for appellants/cross-appellees.
James V. Lobozzo, Jr., Sebring, for appellees/cross-appellants.
The appellants, Glenn R. Schabert and L.C. Crews, have appealed a final judgment awarding them damages for breach of a construction contract. We find that the trial court erred in awarding attorney's fees to the appellees and not the appellants but affirm in all other respects.
On July 28, 1979, appellants entered into a contract with appellees, William Montaltos and Genevieve L. Montaltos, for the construction of a home on property owned by the appellees in Highlands County, Florida. The contract provided that the home was to be built for $63,000 and included a provision that any changes therein had to be in writing. The contract also contained a clause providing that if either party brought an action to enforce the terms of the contract, the prevailing party would receive reasonable attorney's fees.
On October 17, 1980, the appellants filed a claim of lien alleging that they had furnished $83,999.87 in labor and materials to the appellees' property and that $25,928.74 remained unpaid. The appellees then filed a complaint seeking damages for appellants' filing of a fraudulent lien and for slander of title. The appellants answered the complaint and a counterclaim was filed. The counterclaim sought to foreclose a mechanics' lien in count I and sought judgment for damages for breach of contract in count II.
At the conclusion of a nonjury trial, a judgment in the amount of $7,803.90 was entered for the appellants on the breach of contract action. The trial court held that the appellants' claim of lien was not timely filed and set it aside. The trial court also denied relief on the appellants' mechanics' lien claim and on the claim that appellants' lien was fraudulent. The appellees were then awarded attorney's fees in the amount of $3,500 as prevailing parties in the mechanics' lien foreclosure aspect of the case. This appeal timely followed.
The appellants contend that the trial court erred in holding untimely the filing of their claim of lien, in denying them compensation for extras and cost overruns, which they maintain appellees had orally approved, and in awarding attorney's fees to the appellees. The...
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