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Florida Statute 713.29 | Lawyer Caselaw & Research
F.S. 713.29 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 713
LIENS, GENERALLY
View Entire Chapter
F.S. 713.29
713.29 Attorney fees.In any action brought to enforce a lien, including a lien that has been transferred to security, or to enforce a claim against a bond under this part, the prevailing party is entitled to recover a reasonable fee for the services of her or his attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party’s costs, as allowed in equitable actions.
History.s. 1, ch. 63-135; s. 35, ch. 67-254; s. 11, ch. 77-353; s. 14, ch. 90-109; s. 7, ch. 92-286; s. 816, ch. 97-102; s. 15, ch. 2023-226.
Note.Former s. 84.291.

F.S. 713.29 on Google Scholar

F.S. 713.29 on Casetext

Amendments to 713.29


Arrestable Offenses / Crimes under Fla. Stat. 713.29
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.29.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HHA BORROWER, LLC. v. W. G. YATES SONS CONSTRUCTION COMPANY,, 266 So. 3d 1267 (Fla. App. Ct. 2019)

. . . instructions to enter an order determining that neither party was the prevailing party under section 713.29 . . .

SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, v. C. B. J. A. B. a, 315 F. Supp. 3d 1312 (S.D. Fla. 2018)

. . . (Fla. 2nd DCA 2014) (holding that arbitrator could not award attorneys' fees under Florida Statute 713.29 . . .

J. SCHLESINGER, v. JACOB,, 240 So. 3d 75 (Fla. App. Ct. 2018)

. . . See, e.g., § 713.29, Fla. Stat. . . .

BAUER v. READY WINDOWS SALES SERVICE CORPORATION,, 221 So. 3d 761 (Fla. Dist. Ct. App. 2017)

. . . move for appellate attorney’s fees pursuant to Florida Rule of Appellate Procedure 9.400 and section 713.29 . . . Section 713.29 provides: In any action brought to enforce a lien or to enforce a -claim against a bond . . . The Bauers and Ready Windows each argue that they are the prevailing party under section 713.29. . . . Both parties moved for fees pursuant to section 713.29. The trial court applied the. . . . Here both parties- moved for an award of appellate attorney fees pursuant to section 713.29 following . . .

TRUMP ENDEAVOR LLC, v. FERNICH, INC. d b a, 216 So. 3d 704 (Fla. Dist. Ct. App. 2017)

. . . and subsequently entered final judgment awarding attorney’s fees to Paint Spot pursuant to section 713.29 . . .

NEWMAN, v. GUERRA,, 208 So. 3d 314 (Fla. Dist. Ct. App. 2017)

. . . Court has applied the “significant issues” test to statutory construction lien matters under section 713.29 . . . the prevailing party entitled to an award of fees in construction lien actions brought under section 713.29 . . . The Florida Supreme Court recognized the equitable nature of attorney’s fees awards under section 713.29 . . .

BEST DRYWALL SERVICES, INC. R. v. BLASZCZYK, 207 So.3d 271 (Fla. Dist. Ct. App. 2016)

. . . See § 713.29, Fla. Stat. (2010). . . .

CHOW, a. k. a. Mr. Mr. a MC LLC, a v. CHAK YAM CHAU, LLC, a LLC,, 640 F. App'x 834 (11th Cir. 2015)

. . . . § 713.29; Prosperi, 626 So.2d at 1362. . . . to the claimant because an unsuccessful lien claimant cannot recover attorney’s fees under section 713.29 . . . defendant is not the prevailing party and is not entitled to recover attorney’s fees under section 713.29 . . . “Although the statutory language in section 713.29 ..., providing for attorney’s fees in mechanic’s lien . . . Gale Indus., Inc., 3 So.3d 1194, 1202 (Fla.2009) (discussing attorney’s fees under § 713.29). . . .

JOMAR PROPERTIES, L. L. C. v. BAYVIEW CONSTRUCTION CORPORATION,, 154 So. 3d 515 (Fla. Dist. Ct. App. 2015)

. . . DCA 1994) (“As the prevailing party, [the contractor] is entitled to attorney’s fees under section 713.29 . . .

M. SNELL v. MOTT S CONTRACTING SERVICES, INC., 141 So. 3d 605 (Fla. Dist. Ct. App. 2014)

. . . county court further found that Mott’s Contracting was not entitled to attorney’s fees under section 713.29 . . . validity of the claim of lien and that Mott’s Contracting was not entitled to fees pursuant to section 713.29 . . . decision of the county court, holding that Mott’s Contracting took the requisite action under section 713.29 . . . the law when it determined that Mott’s Contracting is entitled to attorney’s fees pursuant to section 713.29 . . . Importantly, however, section 713.29, which we must read in tandem with section 713.22, distinguishes . . .

GLOBAL XTREME, INC. v. ADVANCED AIRCRAFT CENTER, INC., 122 So. 3d 487 (Fla. Dist. Ct. App. 2013)

. . . (“Advanced”) pursuant to sections 57.105 and 713.29, Florida Statutes (2010). . . . made pursuant to section 713.29. . . . Section 713.29 is contained in Part I, Chapter 713, “Construction Liens.” . . . Advanced sought attorney’s fees under section 713.29 for a lien it filed pursuant to sections 713.58 . . . Therefore, the trial court erred in finding entitlement to attorney’s fees pursuant to section 713.29 . . .

N. KRITIKOS, Co. LLC, v. T. ANDERSEN, T. d b a ARCS, 125 So. 3d 885 (Fla. Dist. Ct. App. 2013)

. . . Appellate attorney’s fees and costs shall be awarded to the prevailing party under section 713.29, Florida . . .

O. WOLFE, II, H. v. CULPEPPER CONSTRUCTORS, INC. v. O. II, H., 104 So. 3d 1132 (Fla. Dist. Ct. App. 2012)

. . . contends that the trial court should have awarded it attorney’s fees and costs pursuant to either section 713.29 . . . Section 713.29 provides: In any action brought to enforce a lien or to enforce a claim against a bond . . .

GMPF FRAMING, LLC, v. VILLAGES AT LAKE LILY ASSOCIATES, LLC,, 100 So. 3d 243 (Fla. Dist. Ct. App. 2012)

. . . Villages at Lake Lily Associates, LLC was entitled to an award of attorney’s fees pursuant to section 713.29 . . . Villages filed its motion for entry of a final judgment of attorney’s fees and costs pursuant to section 713.29 . . . that Villages was entitled to recover attorney’s fees and costs as the prevailing party under section 713.29 . . . Here, Villages sought attorney’s fees and costs pursuant to section 713.29, which provides for an award . . . Although section 713.29 applies only to lien claims, GMPF still had pending claims for quantum me-ruit . . .

CONTINENTAL CASUALTY COMPANY, v. A. W. BAYLOR VERSAPANEL- PLASTERING, INC., 97 So. 3d 937 (Fla. Dist. Ct. App. 2012)

. . . The arbitration panel had declined to award either party attorney’s fees under section 713.29, Florida . . . We reverse because we conclude that section 713.29 is the controlling statute in this case. . . . Section 713.29. 2. . . . After declining to award attorney’s fees under section 713.29, the arbitrators concluded that they were . . . Section 713.29.” The trial court should have denied Baylor’s motion for attorney’s fees. . . .

SEALY, v. PERDIDO KEY OYSTER BAR AND MARINA, LLC, a, 88 So. 3d 366 (Fla. Dist. Ct. App. 2012)

. . . have filed motions in this court seeking an award of appellate attorney’s fees pursuant to section 713.29 . . .

SOUTH FLORIDA COASTAL ELECTRIC, INC. v. TREASURES ON BAY II CONDO ASS N, INC., 89 So. 3d 264 (Fla. Dist. Ct. App. 2012)

. . . are insufficient to pay Plaintiffs claim, for a deficiency judgment, and attorney fees pursuant to § 713.29 . . .

SOARES DA COSTA CONSTRUCTION SERVICES, LLC, v. ALTA MAR DEVELOPMENT, LLC LLC, 85 So. 3d 1172 (Fla. Dist. Ct. App. 2012)

. . . determining that Tarragon Development Corporation was entitled to attorneys’ fees pursuant to section 713.29 . . . confirm the arbitration award, Tarragon sought prevailing party attorneys’ fees pursuant to section 713.29 . . .

AGUILAR, v. KOHL S DEPARTMENT STORES, INC. CMS,, 68 So. 3d 356 (Fla. Dist. Ct. App. 2011)

. . . . § 713.29, Fla. . . .

D. SHEPPARD L. v. M R PLUMBING, INCORPORATED, a, 82 So. 3d 950 (Fla. Dist. Ct. App. 2011)

. . . (M & R) on the purported authority of section 713.29, Florida Statutes (2008). . . . All parties filed motions seeking attorneys’ fees, both sides relying on section 713.29, Florida Statutes . . . The trial court ruled that M & R was entitled to attorneys’ fees under section 713.29 on the lien foreclosure . . . Here the trial court concluded that section 713.29 provided statutory authority for an award of attorneys . . . proof of a valid contract, finding M & R entitled to an award of attorneys’ fees pursuant to section 713.29 . . .

TIERRA HOLDINGS, LTD, v. MERCANTILE BANK, a, 78 So. 3d 558 (Fla. Dist. Ct. App. 2011)

. . . Fixel’s argument and declined to extend the definition of “prevailing party” in the context of section 713.29 . . . Associates was based on the underlying policy of section 713.29 to ‘encourage settlement of disputes . . . Associates was required because to hold otherwise would have defeated the goal section 713.29 was intended . . .

LANGFORD, v. PARAVANT, INC., 48 So. 3d 75 (Fla. Dist. Ct. App. 2010)

. . . These cases reached the same holding in interpreting a similar provision of the Florida Statutes, § 713.29 . . .

MMII, INC. v. SILVESTER, 42 So. 3d 876 (Fla. Dist. Ct. App. 2010)

. . . The remaining issue concerns the award of attorney’s fees to buyers under § 713.29. . . .

GACCIONE, v. L. DAMIANO LLC., 35 So. 3d 1008 (Fla. Dist. Ct. App. 2010)

. . . fees are recoverable as costs, such as here under section 83.48, Florida Statutes, or under section 713.29 . . .

KELSEY, v. METRO CONSTRUCTION,, 31 So. 3d 252 (Fla. Dist. Ct. App. 2010)

. . . In addition, according to section 713.29, Florida Statutes (2001): In any action brought to enforce a . . . Under section 713.29, he is entitled to recover a reasonable fee for the services of his attorney for . . .

CROWN CUSTOM HOMES, INC. v. SABATINO, 18 So. 3d 738 (Fla. Dist. Ct. App. 2009)

. . . for the purpose of determining fees “as part of the prevailing party’s costs,” pursuant to section 713.29 . . .

J. VOSE D. v. GULFSIDE CONSTRUCTION SERVICES, INC., 12 So. 3d 322 (Fla. Dist. Ct. App. 2009)

. . . The Voses argued they were entitled to fees and costs under section 713.29, Florida Statutes (2007), . . . an eviden-tiary hearing to determine whether the Voses are entitled to attorneys’ fees under section 713.29 . . .

M. HINGSON, v. MMI OF FLORIDA, INC. a L. C. a, 8 So. 3d 398 (Fla. Dist. Ct. App. 2009)

. . . is the prevailing party for the purposes of awarding fees on a statutory claim brought under section 713.29 . . .

J. TRYTEK, v. GALE INDUSTRIES, INC., 3 So. 3d 1194 (Fla. 2009)

. . . issues” test of Prosperi to evaluate entitlement to prevailing party attorneys’ fees under section 713.29 . . . The Fifth District concluded that under section 713.29, a contractor who obtains any monetary judgment . . . Section 713.29 was first enacted by the Legislature in 1963. Ch. 63-135, § 1, Laws of Fla. . . . Stat. (2005), nor does a definition appear in section 713.29. . . . Our conclusion is consistent with our precedent and section 713.29. . . .

A. NIEHAUS, v. BIG BEN S TREE SERVICE, INC., 982 So. 2d 1253 (Fla. Dist. Ct. App. 2008)

. . . See § 713.29, Florida Statutes (2006). We GRANT the writ and QUASH the circuit court’s order. . . .

PARROT COVE MARINA, LLC, v. DUNCAN SEAWALL DOCK BOATLIFT, INC., 978 So. 2d 811 (Fla. Dist. Ct. App. 2008)

. . . appellate attorney’s fees pursuant to Florida Rule of Appellate Procedure 9.400(a)-(b) and section 713.29 . . .

LANGLEY, v. KNOWLES, 958 So. 2d 1149 (Fla. Dist. Ct. App. 2007)

. . . . § 713.29, Fla. Stat. (2004). . . . .

GALE INDUSTRIES, INC. v. J. TRYTEK L., 960 So. 2d 805 (Fla. Dist. Ct. App. 2007)

. . . prevailing parties for the purpose of the trial court’s award of attorneys’ fees pursuant to section 713.29 . . . the “prevailing party” and filed cross-motions to tax attorneys’ fees and costs pursuant to section 713.29 . . . thereafter the high court addressed the effect of Moritz on the prevailing party language of section 713.29 . . . As applied, the rule automatically precludes the owner from recovering attorney’s fees under section 713.29 . . . In cases of this variety, the lienor is the prevailing party for purposes of section 713.29. . . . judgment against a property owner in an action to enforce a construction lien brought pursuant to section 713.29 . . .

HIGHTOWER GEOTECHNICAL SERVICES, INC. v. HBE- FLORIDA CORPORATION,, 954 So. 2d 57 (Fla. Dist. Ct. App. 2007)

. . . with this court seeking an award of appellate attorney’s fees pursuant to the provisions of section 713.29 . . .

ALPAUGH PLUMBING SUPPLY OF TAMPA, INC. a v. THE FEE- WALTERS CORPORATION, a N., 947 So. 2d 682 (Fla. Dist. Ct. App. 2007)

. . . The plaintiff sought attorneys’ fees under section 713.29, Florida Statutes (2003). 883 So.2d at 376. . . .

PENNINGTON ASSOCIATES, INC. v. EVANS,, 932 So. 2d 1253 (Fla. Dist. Ct. App. 2006)

. . . agree that the prevailing party is entitled to an award of its attorney’s fees pursuant to section 713.29 . . .

MASHAN CONTRACTORS, INC. v. W. BAILEY F. V. II, H., 922 So. 2d 330 (Fla. Dist. Ct. App. 2006)

. . . See § 713.29, Fla. Stat. (1999). . . . Section 713.29 provides, “In any action brought to enforce a [construction] lien ... under this part . . . in part, reversed in part, and remanded for an award of attorney’s fees to the owners under section 713.29 . . .

SULLIVAN, v. J. GALSKE J., 917 So. 2d 412 (Fla. Dist. Ct. App. 2006)

. . . Sullivan was entitled to attorneys’ fees pursuant to the contract and pursuant to section 713.29, Florida . . . that “in order to be a prevailing party entitled to the award of attorney’s fees pursuant to section 713.29 . . . Sullivan is not entitled to fees pursuant to section 713.29 under the reasoning in C.U. Associates. . . . In addition to the claim for attorneys’ fees pursuant to section 713.29, Mr. . . . the Florida Supreme Court rejected an argument that the definition of “prevailing party” in section 713.29 . . .

MICHAEL DAVID IVEY, INC. v. SALAZAR, 903 So. 2d 329 (Fla. Dist. Ct. App. 2005)

. . . We also conclude that Ivey was entitled to attorney’s fees pursuant to section 713.29, Florida Statutes . . . errs in not finding the claimant the prevailing party and awarding attorneys’ fees pursuant to section 713.29 . . . 836 So.2d 1031, 1033 (Fla. 5th DCA 2002) (“A party is entitled to recover fees pursuant to section 713.29 . . . decisions, we conclude that the trial court was required to award Ivey attorney’s fees pursuant to section 713.29 . . . Section 713.29, Florida Statutes, provides: In any action brought to enforce a lien or to enforce a claim . . .

JACK BRIER GENERAL CONTRACTOR, INC. a v. V. SKINNER D., 891 So. 2d 1194 (Fla. Dist. Ct. App. 2005)

. . . plaintiff below, appeals an order of the circuit court awarding it attorneys’ fees pursuant to section 713.29 . . .

J. SHARRARD, v. LIGON, 892 So. 2d 1092 (Fla. Dist. Ct. App. 2004)

. . . must revisit the parties’ claims for attorney’s fees and costs as the prevailing party under section 713.29 . . .

DOUG HAMBEL S PLUMBING, INC. v. V. CONWAY,, 883 So. 2d 375 (Fla. Dist. Ct. App. 2004)

. . . On July 11, 2003, the plaintiff filed a motion for attorney’s fees, pursuant to section 713.29, Florida . . . The basis upon which the plaintiff sought fees was section 713.29, Florida Statutes (2003), which provides . . . Therefore, the court could not award fees under section 713.29 at that time. . . .

HIGHLANDS CARPENTRY SERVICE, INC. v. CONNONE, T. M. d b a, 873 So. 2d 611 (Fla. Dist. Ct. App. 2004)

. . . . § 713.29. . . .

WINNER FL, LLC, v. APAC- FLORIDA, INC., 869 So. 2d 631 (Fla. Dist. Ct. App. 2004)

. . . FEES Both parties have requested an award of attorneys’ fees as a prevailing party pursuant to section 713.29 . . .

CORLEY v. RIVERTOWN, INC., 863 So. 2d 1244 (Fla. Dist. Ct. App. 2004)

. . . The statutory basis for an award of attorney’s fees in the instant case derives from section 713.29, . . . 836 So.2d 1031, 1033 (Fla. 5th DCA 2002) (“A party is entitled to recover fees pursuant to section 713.29 . . .

PENA- ALUM GLASS MIRROR, v. NATIONWIDE TERMINALS, INC., 864 So. 2d 461 (Fla. Dist. Ct. App. 2003)

. . . The owner sought attorney’s fees against Pena-Alum under section 713.29, Florida Statutes, which provides . . .

GOODMAN, v. TECTONICS UNLIMITED, INC. a, 861 So. 2d 485 (Fla. Dist. Ct. App. 2003)

. . . Appellate Procedure 9.400(c), appellants seek review of an award of appellate attorney’s fees under section 713.29 . . .

SARKIS, v. ALLSTATE INSURANCE COMPANY,, 863 So. 2d 210 (Fla. 2003)

. . . Stat. (1997) (awarding reasonable attorney’s fees in actions to recover milk bottles); 713.29, Fla. . . .

L. ROCK L. v. PRAIRIE BUILDING SOLUTIONS, INC. a, 854 So. 2d 722 (Fla. Dist. Ct. App. 2003)

. . . prevailing party in the hen action, they are entitled to recover their attorney’s fees pursuant to section 713.29 . . .

MICHNAL, v. PALM COAST DEVELOPMENT, INC., 842 So. 2d 927 (Fla. Dist. Ct. App. 2003)

. . . . § 713.29, Fla. Stat. (2001). Michnal’s prayer for appellate attorneys’ fees is denied. . . .

OREGON PARTNERS NO. LTD. v. KLAUDER NUNNO ENTERPRISES, INC., 837 So. 2d 1104 (Fla. Dist. Ct. App. 2003)

. . . K & N sought fees under section 713.29, Florida Statutes (2001), which requires an award in “any action . . .

DCC CONSTRUCTORS, INC. v. YACHT CLUB SOUTHEASTERN, INC., 839 So. 2d 731 (Fla. Dist. Ct. App. 2003)

. . . (“DCC”) appeals a final judgment denying its claim for attorneys’ fees under Section 713.29, Florida . . . finding DCC prevailed in its enforcement of a lien and is thus entitled to attorneys’ fees under Section 713.29 . . . The trial court found that DCC was not entitled to attorneys’ fees under Section 713.29, because DCC . . . defenses and counterclaims, it was entitled to attorney’s fees as the prevailing party under Section 713.29 . . . Section 713.29 provides: In any action brought to enforce a lien or to enforce a claim against a bond . . .

CDI CONTRACTORS, LLC. v. ALLBRITE ELECTRICAL CONTRACTORS, INC., 836 So. 2d 1031 (Fla. Dist. Ct. App. 2002)

. . . The trial court then awarded attorney’s fees to Allbrite pursuant to section 713.29, and denied the same . . . A party is entitled to recover fees pursuant to section 713.29 if successful in prosecuting or defending . . . the Cinema case Rouse is entitled to an attorney fee award because it prevailed on the lien claim. § 713.29 . . . claim on which CDI prevailed was a breach of contract claim, it is not entitled to fees under section 713.29 . . . Rouse is entitled to an attorney’s fee award in defeating the lien claim under section 713.29 in the . . .

LASCO ENTERPRISES, INC. v. KOHLBRAND, 819 So. 2d 821 (Fla. Dist. Ct. App. 2002)

. . . See § 713.29, Fla. Stal. (1999). . . . .

J. SOURINI PAINTING, INC. R. St. v. JOHNSON PAINTS, INC., 809 So. 2d 95 (Fla. Dist. Ct. App. 2002)

. . . Code, Inc., 626 So.2d 1360 (Fla.1993) (applying the rule where fees are sought pursuant to section 713.29 . . .

J. GRECO, v. W. CARLTON, J. d b a R. L., 793 So. 2d 1088 (Fla. Dist. Ct. App. 2001)

. . . See § 713.29, Fla. Stat. (1999); Fleming v. . . .

H. DAVIS, v. NATIONAL MEDICAL ENTERPRISES, INC. a v. B, 253 F.3d 1314 (11th Cir. 2001)

. . . attorneys’ fees pursuant to the prevailing party fee provision in the mechanic’s lien statute, section 713.29 . . .

J. RADOS, v. P. RADOS,, 791 So. 2d 1130 (Fla. Dist. Ct. App. 2001)

. . . Fla.Stat. (1999) (landlord and tenant actions); § 119.12, Fla.Stat. (1999) (public records enforcement); § 713.29 . . .

Dr. PINES a v. GROWERS SERVICE COMPANY, INC. a, 787 So. 2d 85 (Fla. Dist. Ct. App. 2001)

. . . Further, they opposed any claim to attorney’s fees pursuant to section 713.29, Florida Statutes (1999 . . . evidence to demonstrate that it was the prevailing party under the mechanics’ lien law and that section 713.29 . . .

SAYRE, v. JMC PAINTING, INC. a AGB d b a, AGB, 778 So. 2d 430 (Fla. Dist. Ct. App. 2001)

. . . additional defendants, represented by the same counsel, moved for attorney’s fees under both section 713.29 . . .

G. DOW v. A. McKINLEY,, 776 So. 2d 1017 (Fla. Dist. Ct. App. 2001)

. . . After determining that McKinley prevailed pursuant to section 713.29, Florida Statutes (1997), the trial . . .

ALLEN MORRIS CONSTRUCTION COMPANY, INC. v. SALAZAR a k a a k a, 766 So. 2d 360 (Fla. Dist. Ct. App. 2000)

. . . The contractor pled a claim for attorney’s fees under section 713.29, Florida Statutes, which provides . . . While the owners pled a claim for attorney’s fees, they did not cite section 713.29, which is the basis . . . While the chairman could not recall whether the discussion involved section 713.29 or section 713.31, . . . the conclusion is inescapable that the discussion involved section 713.29. . . . That is so because only section 713.29 provides for prevailing party attorney’s fees. . . .

GREGORY CONSTRUCTION, INC. T. v. RANDALL E. STOFFT ARCHITECTS, P. A., 762 So. 2d 536 (Fla. Dist. Ct. App. 2000)

. . . attempt to establish a lien against him individually, he is entitled to attorney’s fees under section 713.29 . . .

CONTINENTAL CONCRETE, INC. a v. LAKES AT LA PAZ III LIMITED PARTNERSHIP, a a a a a, 758 So. 2d 1214 (Fla. Dist. Ct. App. 2000)

. . . order granting' appellees, as the prevailing parties below, attorney’s fees and costs under section 713.29 . . . fees and costs against Continental pursuant to the stipulation reached between the parties and section 713.29 . . .

D. PARSONS, P. v. WHITAKER PLUMBING OF BOCA RATON, INC., 751 So. 2d 655 (Fla. Dist. Ct. App. 1999)

. . . . § 713.29, Fla. Stat. (1999). . . . Attorney’s fees and costs awarded under section 713.29 are included within the lien created by section . . . The reasons Zalay articulates for including section 713.29 attorney’s fees within the section 713.06( . . . Section 713.29 fees may properly be taxed after the entry of a final judgment in a lien foreclosure action . . . Only the prevailing party is entitled to fees under section 713.29. . . .

BELL, v. U. S. B. ACQUISITION COMPANY, INC. U. S. B. v. G., 734 So. 2d 403 (Fla. 1999)

. . . Stat. (1997) (awarding reasonable attorney’s fees in actions to recover milk bottles); 713.29, Fla. . . .

P. A. V. C. O. CONSTRUCTION, INC. v. AMERICAN FRAMING SPECIALISTS, INC., 722 So. 2d 932 (Fla. Dist. Ct. App. 1998)

. . . The statutes relied upon to award the fees, section 713.345 and section 713.29, Florida Statutes (1995 . . . Section 713.29 authorizes the award of attorney’s fees in an action to enforce a lien or to enforce a . . .

SUMMERTON d b a v. MAMELE L., 711 So. 2d 131 (Fla. Dist. Ct. App. 1998)

. . . The only legal basis for this award was section 713.29, Florida Statutes (1993), which authorizes an . . . expended in “any action brought to enforce a lien ...” and therefore are not compensable under section 713.29 . . .

HOLLUB CONSTRUCTION COMPANY, v. NARULA, 704 So. 2d 689 (Fla. Dist. Ct. App. 1997)

. . . . § 713.29, Fla. Stat. (1995). . . . errs in not finding the Henor the ‘prevailing party and awarding attorney’s fees pursuant to section 713.29 . . . The trial court’s, denial of attorney’s fees to Hollub pursuant to section 713.29 was thus error. . . .

I. ZALAY A. v. ACE CABINETS OF CLEARWATER, INC. USA, 700 So. 2d 15 (Fla. Dist. Ct. App. 1997)

. . . the language of section 713.06 permits the attorneys’ fees and costs ultimately awarded under section 713.29 . . . The attorneys’ fees awarded under section 713.29 are not an element of damages, but are “taxed as part . . .

GCA, INC. v. S. W. ST. ENTERPRISES, INC. INC., 696 So. 2d 1230 (Fla. Dist. Ct. App. 1997)

. . . . § 713.29, Fla. Stat. (1993). . . . Section 713.29 provides as follows: Attorney’s fees. — In any action brought to enforce a lien or to . . .

REGENCY HOMES OF DADE, INC. v. McMILLEN, III, 689 So. 2d 1204 (Fla. Dist. Ct. App. 1997)

. . . The homeowners moved for attorney’s fees under section 713.29, Florida Statutes. . . . In that ease, this court said that under section 713.29, a prevailing owner is not entitled to “recovery . . .

SCOTT, P. E. v. ROLLING HILLS PLACE INC., 688 So. 2d 937 (Fla. Dist. Ct. App. 1996)

. . . . § 713.29, Fla. Stat. (1995). REVERSED AND REMANDED. . . .

VIE- A- MER, LTD. a v. S. TOUB ASSOCIATES, INC., 684 So. 2d 216 (Fla. Dist. Ct. App. 1996)

. . . While appellee requested attorney’s fees pursuant to section 713.29, Florida Statutes (1993) in their . . . to Tax Costs” which, for the first time, included a request for attorney’s fees pursuant to section 713.29 . . .

PREFERRED NATIONAL INSURANCE COMPANY, v. L. NICHOLS,, 682 So. 2d 585 (Fla. Dist. Ct. App. 1996)

. . . Section 713.29, Florida Statutes (1987), provides that a prevailing party in a mechanic’s lien enforcement . . .

GRANT, v. WESTER, 679 So. 2d 1301 (Fla. Dist. Ct. App. 1996)

. . . .” § 713.29, Fla. Stat. (1991). . . . part one of chapter 713, Florida Statutes, and specifically asked for attorney’s fees under section 713.29 . . . When a mechanic’s lien is foreclosed, the prevailing party recovers attorney’s fees as of right. § 713.29 . . . But “to be a prevailing party entitled to the award of attorney’s fees pursuant to section 713.29, a . . .

AMNESIA INTERNATIONAL, INC. v. SUNHOUSE INTERNATIONAL, INC., 675 So. 2d 707 (Fla. Dist. Ct. App. 1996)

. . . the trial court’s order finding that Sunhouse is entitled to attorneys’ fees and costs under section 713.29 . . . Under the plain language of section 713.29, courts may award fees only in an action brought to enforce . . .

In AMERICAN FABRICATORS, INC. d b a W. GRANT, v. FLORIDA POWER CORPORATION, Co. A A, 197 B.R. 987 (Bankr. M.D. Fla. 1996)

. . . is mandatory that the “prevailing party” is granted attorneys’ fees pursuant under Florida Statute § 713.29 . . . To obtain attorneys’ fees and costs in a mechanics’ lien claim, section 713.29 of the Florida Statutes . . . Fla.Stat. § 713.29 (1995). . . . Under section 713.29, the Bankruptcy Court must factually determine whether a bona fide settlement offer . . .

HANLEY v. J. KAJAK d b a, 661 So. 2d 1248 (Fla. Dist. Ct. App. 1995)

. . . accordingly also reverse the award of statutory attorney’s fees against the Hanleys pursuant to section 713.29 . . .

E. STUNKEL, v. GAZEBO LANDSCAPING DESIGN, INC., 660 So. 2d 623 (Fla. 1995)

. . . ATTORNEY’S FEES Both parties have moved for attorney’s fees based on section 713.29, Florida Statutes . . .

SHIPWATCH DEVELOPMENT CORPORATION, a v. J. SALMON, Jr. d b a, 646 So. 2d 838 (Fla. Dist. Ct. App. 1994)

. . . As the prevailing party, Salmon is entitled to attorney’s fees under section 713.29, Florida Statutes . . . Both parties seek attorney’s fees on appeal pursuant to section 713.29. . . .

A. HEIDLE, v. S S DRYWALL AND TILE, INC., 639 So. 2d 1105 (Fla. Dist. Ct. App. 1994)

. . . Section 713.29, Florida Statutes (1991), which deals with construction liens, provides: In any action . . .

V. HEMMERLE, v. AIR CONDITIONING EQUIPMENT, INC. a s, 635 So. 2d 1053 (Fla. Dist. Ct. App. 1994)

. . . As the prevailing party in the mechanic’s lien action brought under section 713.29, Florida Statutes . . .

In GORDON, MAYFAIR BUILDERS, INC. v. GORDON J. I., 164 B.R. 706 (Bankr. S.D. Fla. 1994)

. . . Mayfair asserts that pursuant to Florida Statute Section 713.29 its lien should include pre- and post-judgment . . . Florida Statute Section 713.29 provides that the prevailing party in an action to enforce a lien is entitled . . . Because Section 713.29 requires the trial court to award fees to the prevailing party, which fees should . . .

ELBADRAMANY, v. BRYSON CRANE RENTAL SERVICES, INC., 630 So. 2d 214 (Fla. Dist. Ct. App. 1993)

. . . Elbadra-many’s damage claim, Bryson would not be entitled to any attorney’s fee award pursuant to section 713.29 . . .

DANIS INDUSTRIES CORPORATION v. GROUND IMPROVEMENT TECHNIQUES, INC., 629 So. 2d 985 (Fla. Dist. Ct. App. 1993)

. . . Moritz applies to attorney’s fees awarded to prevailing party in mechanic’s lien action under section 713.29 . . .

A. PROSPERI, v. CODE, INC., 626 So. 2d 1360 (Fla. 1993)

. . . MECHANIC’S LIEN UNDER PART I, CHAPTER 713, FLORIDA STATUTES (1989), ENTITLED TO ATTORNEY’S FEES UNDER 713.29 . . . THE PREVAILING PARTY FOR THE PURPOSES OF AWARDING ATTORNEYS FEES APPLY TO FEES AWARDED UNDER SECTION 713.29 . . . The court also denied the owner’s claim for attorney’s fees (1) under section 713.29, Florida Statutes . . . Section 713.29, Florida Statutes (1989), provides that in any action brought to enforce a mechanic’s . . . We also believe it is significant that in 1977 the legislature amended section 713.29 to provide that . . .

ALL- BRITE ALUMINUM, INC. a v. DESROSIERS, 626 So. 2d 1020 (Fla. Dist. Ct. App. 1993)

. . . that in order to be a prevailing party entitled to the award of attorney’s fees pursuant to section 713.29 . . . Section 713.29, Florida Statutes (1991) provides: "In an action brought to enforce a [construction] lien . . .

R M CABINET SALES, INC. a v. HALLMARK BUILDING SUPPLY,, 621 So. 2d 1090 (Fla. Dist. Ct. App. 1993)

. . . .1985), “in order to be a prevailing party-entitled to the award of attorneys’ fees pursuant to section 713.29 . . .

WILLEY d b a s v. M. K. ROARK, INC. a, 616 So. 2d 1140 (Fla. Dist. Ct. App. 1993)

. . . The court based its denial on section 713.29, Florida Statutes (1990), and found that Willey was not . . . Grove, Inc., 472 So.2d 1177 (Fla.1985), and section 713.29, Florida Statutes (1990). . . . In contrast, section 713.29 is expressly limited to “any action brought to enforce a lien under part . . . which governs the assessment of attorney’s fees is not the prevailing party provision under section 713.29 . . .

SUITT CONSTRUCTION COMPANY, INC. v. ASSOCIATES,, 611 So. 2d 1374 (Fla. Dist. Ct. App. 1993)

. . . Co., 339 So.2d 689 (Fla. 2d DCA 1976); § 713.29, Fla.Stat. (1989). . . .

WALTER N. VANCE, III, INC. a v. FREEMAN, a k a H. a k a, 610 So. 2d 98 (Fla. Dist. Ct. App. 1992)

. . . (Vance) appeals an order denying its motion for attorney’s fees pursuant to section 713.29, Florida Statutes . . . However, as the trial court found, section 713.29 cannot be compared with sections 627.428 and 627.756 . . . Fees are not awardable under former section 713.29 unless a party prevails in an action to enforce a . . . Section 713.29 was amended effective January 1, 1991 to include payment for services during arbitration . . . instituted prior to January 1, 1991 and the trial court correctly determined that the amended section 713.29 . . .

A. PROSPERI, v. CODE, INC., 609 So. 2d 59 (Fla. Dist. Ct. App. 1992)

. . . THE PREVAILING PARTY FOR THE PURPOSES OF AWARDING ATTORNEY’S FEES APPLY TO FEES AWARDED UNDER SECTION 713.29 . . . that the supreme court will extend that test to cases involving attorney’s fees awarded under section 713.29 . . .

O. SHEAR, v. HORNSBY AND WHISENAND, P. A., 603 So. 2d 129 (Fla. Dist. Ct. App. 1992)

. . . the trial court ordered Shear to pay the defendant attorney’s fees of $36,067.02 pursuant to section 713.29 . . .

Dr. FREEDMAN v. COLLIER COMMERCIAL BUILDERS, INC. a, 596 So. 2d 115 (Fla. Dist. Ct. App. 1992)

. . . moved the trial court to confirm the award and successfully sought attorney's fees pursuant to section 713.29 . . . Section 713.29, Florida Statutes (1989), in effect when Collier commenced its action, did not contemplate . . . Section 713.29 Attorney's fees. — In any action brought to enforce a lien under [sections 713.-01-.37 . . .

ROBERT A. HUGGINS GENERAL CONTRACTOR, INC. v. N. B. WILLOUGHBY,, 595 So. 2d 1003 (Fla. Dist. Ct. App. 1992)

. . . $94,458.00 plus interest of $24,559.08, together with the attorney fees award made pursuant to sec-' tion 713.29 . . .

OLIVER GENERAL FENCE, INC. v. M. ROCHE M., 594 So. 2d 339 (Fla. Dist. Ct. App. 1992)

. . . Appellant seeks its fee under two theories: (1) under section 713.29, Florida Statutes (1989) as the . . . grounds that the case was resolved in settlement and there was no “prevailing party” under section 713.29 . . . constitutes fundamental error and cannot stand as the basis of an award of attorney’s fees under section 713.29 . . . The “prevailing party” analysis of section 713.29 has no relevance to this case. . . . Accordingly, the judgment of the trial court denying appellant’s claim for attorney’s fees under section 713.29 . . .

AETNA CASUALTY AND SURETY COMPANY, v. F. BUCK, P. E., 594 So. 2d 280 (Fla. 1992)

. . . . § 713.29, Fla.Stat. (1985). . . .

BUSINESS MEN S ASSURANCE CO. OF AMERICA, v. A- CHATTAHOOCHEE PATIOS, INC., 592 So. 2d 324 (Fla. Dist. Ct. App. 1992)

. . . entitled to the award of attorney’s fees pursuant to rule 9.400, Rules of Appellate Procedure, and section 713.29 . . .

O KON AND COMPANY, INC. v. A. RIEDEL, C. Jr. G. d b a RSW a, 588 So. 2d 1025 (Fla. Dist. Ct. App. 1991)

. . . RSW successfully resisted O’Kon’s claim for mechanic’s lien and is entitled to a fee under section 713.29 . . .