5D06-1569 Gale v. Trytek

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-1569

Case Date: 07/30/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2007

GALE INDUSTRIES, INC., ETC., Appellant, v. FRANK J. TRYTEK AND CATHY L. TRYTEK, Appellee. ________________________________/ Opinion filed August 3, 2007 Appeal from the Circuit Court for Orange County, Thomas A. Mihok, Judge. Edward M. Baird and Mark T. Snelson, of Wright, Fulford, Moorhead & Brown, P.A., Orlando, for Appellant. Michael R. D'Lugo, of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Orlando, for Appellee. ON MOTION FOR REHEARING AND FOR CERTIFICATION PER CURIAM. The appellees, Frank J. Trytek and Cathy L. Trytek, have moved for rehearing and for certification of a question of great public importance. Although we deny the motion for rehearing, we do certify the following question upon which we passed in accordance with rule 9.030(a)(2)(A)(v), Florida Rules of Appellate Procedure, as one of great public importance: Case No. 5D06-1569

When a lienor obtains a judgment against a property owner in an action to enforce a construction lien brought pursuant to section 713.29, Flo rida Statutes (2005), does the trial court have the discretion to apply the "significant issues" test articulated in Prosperi v. Code, Inc., 626 So. 2d 1360 (Fla. 1993), instead of the net judgment rule in determining which party is the "prevailing party" for the purpose of awarding attorney's fees?

MONACO, EVANDER, JJ., and ORFINGER, M., Senior Judge concur.

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