DELCON-LONG BAYOU CO., INC., A FLORIDA CORPORATION, AND ALLSTATE INSURANCE COMPANY, A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLANTS,
v.
PHILIP TROW AND IRVING E. KOLTUN, D/B/A CLAUDEN CONTRACTING, APPELLEES

Fla. 2d DCA | 1977-03-04
No. 76-1034
McNULTY, Acting C. J., and GRIMES and SCHEB, JJ., concur.
343 So. 2d 82 Florida District Court of Appeal, Second District (1977)


Opinion of the Court
PER CURIAM.

PER CURIAM.

We have reviewed the several points raised by both parties, and except as noted below find no reversible error. Appellees filed a claim of lien against real property owned by Delcon-Long Bayou Co., Inc. Delcon-Long had the lien transferred from the realty to a surety bond pursuant to Section 713.24, Florida Statutes (1975). A judgment for mechanic’s lien was finally entered against Delcon-Long and its surety, Allstate Insurance Company, in the sum of $19,018.40 plus costs of $1,906.14. That portion of the judgment against the surety relating to costs must be reduced to $100 because the bond specified by Section 713.24 is only required to be conditioned upon the satisfaction of the lien and the payment of costs not to exceed $100.

Accordingly, the judgment is affirmed, but the case is remanded with directions to reduce the total of the final judgment en tered against Allstate Insurance Company by $1,806.14.

McNULTY, Acting C. J., and GRIMES and SCHEB, JJ., concur.


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