B. Irwin Emery Et Ux. v. International Glass & Mfg‪.‬

International Glass and Manufacturing, Inc., as a contractor, brought this action to foreclose a mechanics lien. Owners-appellants counterclaimed alleging a breach of the warranty of workmanship. After final hearing the trial judge specifically found that "the plaintiff failed to establish a lien upon defendants property, but that the plaintiff may proceed to judgment on a contract pursuant to Section 713.28, Florida Statutes, 1969, F.S.A." Whereupon, allowing for a setoff under the counterclaim, judgment was entered in favor of plaintiffs in the sum of $1,382.00, together with costs which did not include attorneys fees, and defendants appeal.