ESTOVIR CONSTRUCTION CORPORATION, APPELLANT,
v.
LA PRADERA, INC., AND REGENCY INSURANCE COMPANY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that arguments not raised in the trial court cannot be raised for the first time on appeal.
Estovir Construction Corp. was awarded attorney's fees and costs in a mechanic's lien foreclosure action, but the trial court limited recovery against…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Lien Transfer Bond cases and more on FLexlaw
PER CURIAM.
Estovir Construction Corp. appeals a final judgment for attorney’s fees and costs. We reverse.
The trial court entered judgment in favor of Estovir for attorney’s fees and costs in a mechanic’s lien foreclosure action. The lien had been transferred to a lien transfer bond issued pursuant to section 713.24, Florida Statutes (1991). The trial court limited Estovir’s recovery against the bond to $500, relying on this court’s decision in Fidelity & Deposit Co. of Maryland v. DiStefano Construction, Inc., 562 So. 2d 845 (Fla. 3d DCA 1990). During the pendency of this appeal, that decision was reversed. DiStefano Construction, Inc. v. Fidelity & Deposit Co. of Maryland, 597 So. 2d 248 (Fla.1992). Accordingly the judgment in the present case is reversed and the cause remanded for entry of judgment in favor of Estovir in accordance with DiStefano Construction, Inc., 597 So. 2d at 249-50.
Appellees La Pradera, Inc., and Regency Insurance Company argue that the lien was excessive and should be reduced pursuant to subsection 713.24(3), Florida Statutes (1991). That is an argument which should have been addressed to the trial court and cannot be raised for the first time on appeal.
Reversed and remanded for entry of judgment in favor of appellant in accordance with DiStefano Construction, Inc., 597 So. 2d at 249-50.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- DiSTEFANO Constr., Inc. v. Fid. & Deposit Co. OF Md., 597 So. 2d 248 (Fla. 1992)
- Cumbie v. State, 562 So. 2d 845 (Fla. 1st DCA 1990)