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OLD GENERAL INSURANCE COMPANY, A PENNSYLVANIA CORPORATION, APPELLANT, v. E.R. BROWNELL ASSOCIATES, INC., A FLORIDA CORPORATION, CEDARS ASSOCIATES, A LIMITED PARTNERSHIP, AND THE ESTATE OF JACOB COBOS, APPELLEES.

PER CURIAM.

The narrow question presented by this appeal is whether a mechanic's lien which is transferred to a bond pursuant to section 713.24 of the Mechanics' Lien Statute may be increased by the court to provide for attorney's fees in an amount to exceed $100.

We agree with the decisions of the Fourth District, strictly construing the statute, which hold that a mechanic's lien transferred to a surety bond may be increased to include costs, which may include the prevailing party's attorney's fees, but that such costs may not exceed $100. The lienor, in such cases where the costs exceed $100, is left with an unsecured judgment for the balance. See Gesco, Inc. v. Edward L. Nezelek, Inc., 414 So.2d 535 (Fla. 4th DCA 1982), review denied, 426 So.2d 27 (Fla. 1983); Symons Corp. v. Tartan-Lavers Delray Beach, Inc., 456 So.2d 1254 (Fla. 4th DCA 1984).

Reversed and remanded.

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OLD GEN. INS. CO v. BROWNELL ASSOC
(Jan 15, 1987)