Pleading Requirement For Attorney'S Fees

47 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Stockman v. Downs
  573 So. 2d 835· Fla.· 1991-01-31 ·cited 370×
  The appellate court reversed the trial court's awards of damages against Stockman for trespass to land, finding that the damages awarded to Fonte and the Dukes were not properly measured.
• Susanne L. Kuhajda v. Borden Dairy Co. OF Ala., LLC.
  202 So. 3d 391· Fla.· 2016-10-20 ·cited 76×
  The Florida Supreme Court held that an offer of settlement does not need to strictly comply with the rule requiring statements about attorney's fees when no attorney's fees have been sought in the underlying pleadings. The Court resolved a conflict between the First and Fourth Di
• Tatyana Nudel v. Flagstar Bank, FSB
  60 So. 3d 1163· Fla. 4th DCA· 2011-05-18 ·cited 55×
  The Fourth District Court of Appeal held that a defendant is entitled to recover attorney's fees as a prevailing party under Florida Statutes § 57.105(7) after a mortgage foreclosure action is dismissed without prejudice, even if the plaintiff subsequently refiles the case. The c
• Johnson v. Johnson
  346 So. 2d 591· Fla. 1st DCA· 1977-05-18 ·cited 42×
  In this family law appeal, the court affirmed the trial court's finding that the husband owed child support arrearages but reversed the award of attorney's fees to the former wife's attorney because the wife never requested such fees in her pleadings and the husband had no notice
• Ganz v. HZJ, Inc.
  605 So. 2d 871· Fla.· 1992-10-08 ·cited 39×
  The Florida Supreme Court held that a party seeking attorney's fees under section 57.105 for frivolous litigation need not specifically plead entitlement to such fees in its answer, creating an exception to the pleading requirement established in Stockman v. Downs. The Court reas
• Precision Tune Auto Care, Inc. v. Radcliffe
  815 So. 2d 708· Fla. 4th DCA· 2002-04-24 ·cited 28×
  Precision Tune Auto Care appeals a judgment awarding attorney's fees to franchisees Radcliffe and Performance Concepts under Florida Statute § 57.105(2). The court reverses, holding that the contract's Virginia choice-of-law provision precluded application of the Florida statute,
• Walker v. Cash Register Auto Ins. OF Leon Cnty., Inc.
  946 So. 2d 66· Fla. 1st DCA· 2006-12-22 ·cited 25×
  Gabriel Dean Walker sued Cash Register Auto Insurance under 42 U.S.C. § 1981 claiming racial discrimination when denied restroom access for his young son. After losing at trial, Walker appealed an award of attorney's fees and costs to Cash Register. The appellate court affirmed f
• Bennett v. Am. Learning Sys. OF Boca Delray, Inc.
  857 So. 2d 986· Fla. 4th DCA· 2003-10-29 ·cited 21×
  Bennett appealed a jury verdict awarding her no damages for slander against her former employer, and the employer cross-appealed the denial of attorney's fees based on an offer of judgment. The court affirmed Bennett's appeal but reversed the denial of attorney's fees, holding th
• Green v. SUN Harbor Homeowners' Ass'n, Inc.
  685 So. 2d 23· Fla. 4th DCA· 1996-11-20 ·cited 16×
  A dissenting opinion argues that a defendant should not be required to plead for attorney's fees if the time to answer the complaint has not yet matured, citing precedent where a defendant was not required to plead fees before a voluntary dismissal.
• Suwannee Cnty. v. Enoch E. Garrison, Jr.
  417 So. 2d 1070· Fla. 1st DCA· 1982-07-29 ·cited 16×
  Suwannee County sought a declaratory judgment to determine whether a road across the Garrisons' property had become vested in the County under Florida Statutes Section 95.361. The trial court awarded attorney's fees to the Garrisons, but the appellate court reversed, holding that
• Prudential Sec. Inc. v. Ruskin
  707 So. 2d 782· Fla. 4th DCA· 1998-01-14 ·cited 14×
  Prudential Securities and an employee appealed a circuit court order denying their request for statutory attorney's fees under Florida's securities law following arbitration of a dispute with Dr. Ruskin. The court affirmed, holding that the defendants waived their right to attorn
• Altamonte Hitch & Trailer Serv., Inc. v. U-Haul Co. OF E. Fla.
  498 So. 2d 1346· Fla. 5th DCA· 1986-12-11 ·cited 14×
  The court held that attorney's fees for trial work could not be awarded against C.R. Foreman because he was not properly named in the counterclaim, but appellate attorney's fees were permissible. Costs were affirmed against both appellants.
• Washington v. Rodgers
  201 So. 2d 636· Fla. 4th DCA· 1967-07-25 ·cited 14×
  Washington sought attorney's fees under Florida's uninsured motorist statute after obtaining a judgment against his insurer. The trial court denied his post-judgment motion for attorney's fees because he had not requested them in his pleadings or at trial. The appellate court rev
• Bloco, Inc. v. Porterfield OIL Co., Inc.
  990 So. 2d 578· Fla. 2d DCA· 2008-08-06 ·cited 13×
  Bloco appeals an award of attorney's fees to Porterfield, arguing that Porterfield never pleaded entitlement to fees and failed to identify a contractual or statutory basis for the award. The court reverses, holding that a party must plead entitlement to attorney's fees and that
• Millard v. Brannan
  553 So. 2d 1248· Fla. 2d DCA· 1989-10-11 ·cited 11×
  Barbara Millard and the Rices appealed from a judgment in a landlord-tenant dispute where the trial court awarded only $8,000 in damages for converted restaurant equipment valued at $40,000-$68,000, and set prejudgment interest to commence from January 4, 1988 rather than the dat
• Am. Sur. Co. of N.Y. v. Franciscus
  127 F.2d 810· 8th Cir.· 1942-05-06 ·cited 10×
  The court held that the surety company breached its bond by failing to hold the Franciscus Realty Company harmless from a mechanics' lien, and that the Franciscus Realty Company's actions did not excuse the surety's liability. However, the award of attorney's fees was improper du
• Advanced Chiropractic & Rehab. Ctr. v. United Auto. Ins. Co.
  140 So. 3d 529· Fla.· 2014-05-29 ·cited 9×
  The Florida Supreme Court held that Rule 9.400(b) of the Florida Rules of Appellate Procedure does not apply to motions for attorney's fees filed in Rule 9.100 original proceedings (such as petitions for certiorari), and that Advanced Chiropractic properly filed its fee motion wi
• Callaway v. City OF W. Palm Beach
  674 So. 2d 921· Fla. 4th DCA· 1996-06-05 ·cited 8×
• Downs v. Stockman
  555 So. 2d 867· Fla. 4th DCA· 1989-10-25 ·cited 8×
• Shirley's Pers. Care Servs. OF Okeechobee, Inc. v. Boswell
  165 So. 3d 824· Fla. 4th DCA· 2015-06-03 ·cited 7×
  A Florida appellate court reversed a trial court's award of attorney's fees to a corporate defendant in a non-compete contract dispute because the corporate defendant was not a party to any contract. The court also reversed and remanded the award of fees to individual defendants
• Coffey v. Evans Props., Inc.
  585 So. 2d 960· Fla. 4th DCA· 1991-08-07 ·cited 7×
  The court held that an award of attorney's fees and costs was improper because the dismissed claims were not a final appealable order and the defendant failed to plead for fees.
• Pelican BAY Homeowners Ass'n, Inc. v. Robert Sedita & Patricia Sedita
  724 So. 2d 684· Fla. 5th DCA· 1999-01-22 ·cited 6×
  Pelican Bay Homeowners Association obtained an injunction against homeowners from parking commercial limousines in violation of deed restrictions. The trial court granted the injunction but denied the association's request for attorney's fees as the prevailing party. The appellat
• Laguna Palms Props. Ltd. v. Jolene Long
  622 So. 2d 556· Fla. 3d DCA· 1993-08-03 ·cited 6×
  Defendant prevailing party in tort action cannot recover attorney's fees because plaintiff abandoned the statutory claims under F.S. 723.058 and defendant failed to request fees in its answer.
• Advanced Chiropractic & Rehab. Ctr. Corp. v. United Auto. Ins. Co.
  103 So. 3d 869· Fla. 4th DCA· 2012-12-19 ·cited 4×
  The Florida Fourth District Court of Appeal clarified the procedural requirements for requesting attorney's fees in an original proceeding under Florida Rule of Appellate Procedure 9.100 (certiorari). The court held that attorney's fees must be requested within the petition, resp
• Wintter & Assocs., P.A. v. Kanowsky
  992 So. 2d 434· Fla. 4th DCA· 2008-10-22 ·cited 4×
  A claim for attorney's fees, even when sought against a trustee and his attorney personally, must be pled in a pleading to avoid waiver, absent specific exceptions.
• Am. Express Bank Int'l v. Inverpan, S.A.
  972 So. 2d 269· Fla. 3d DCA· 2008-01-09 ·cited 4×
  A claim for attorney's fees, whether based on statute or contract, must be pled in a complaint or other pleading; failure to do so constitutes a waiver of the claim.
• Bull v. Bartley Bull
  584 So. 2d 171· Fla. 1st DCA· 1991-08-12 ·cited 4×
  A party seeking attorney's fees under a discretionary statute must plead for them and provide notice, even if fees are generally available by statute.
• Jackson Padgett and Mark Negrete v. Kessinger
  190 So. 3d 105· Fla. 4th DCA· 2015-04-08 ·cited 3×
  In this breach of contract case involving the sale of a restaurant business, the appellate court held that buyers who prevailed on the seller's breach of contract claim were entitled to attorney's fees even though they lost their own fraudulent inducement counterclaim. The court
• Rhea v. DeVault
  108 Fla. 591· Fla.· 1933-03-07 ·cited 3×
  Defendants appealed a final foreclosure decree entered under Florida's 1931 Chancery Act. The Florida Supreme Court affirmed the foreclosure but reversed the portion awarding attorney's fees, holding that attorney's fees in mortgage foreclosure cases require both reference to mor
• Savage v. Savage
  955 So. 2d 1196· Fla. 5th DCA· 2007-05-04 ·cited 2×
  The appellate court held that the trial court erred by failing to set forth specific findings of fact regarding the reasonable hourly rate and number of hours for the attorney's fee award, requiring remand for an amended order.
• Allen Morris Constr. Co., Inc. v. Salazar
  766 So. 2d 360· Fla. 3d DCA· 2000-07-19 ·cited 2×
  The court held that the owners did not waive their right to attorney's fees by failing to specifically plead section 713.29, because the contractor had notice and failed to object, thus waiving the pleading requirement.
• Vie-A-Mer, Ltd. v. S. Toub & Assocs., Inc.
  684 So. 2d 216· Fla. 2d DCA· 1996-11-15 ·cited 2×
  A claim for attorney's fees must be pled to provide notice to the opposing party, and failure to do so waives the claim unless an exception applies.
• Bankunited, N.A. v. Soheila Ajabshir and Mehdi Ajabshir
  207 So. 3d 354· Fla. 3d DCA· 2016-11-30 ·cited 1×
  BankUnited appealed a trial court judgment awarding attorney's fees to defendants in a foreclosure action, arguing the defendants waived their right to fees by failing to plead entitlement in their pro se answers. The court affirmed, holding that BankUnited's prolonged silence an
• Lowell Amey van Vechten and trustee of the Estate of Nicola H. Amey v. Anyzeski
  157 So. 3d 350· Fla. 4th DCA· 2015-01-21 ·cited 1×
  A trustee appeals from probate court orders denying her attorney's fees after she prevailed against a beneficiary's petition to revoke a trust amendment. The Fourth District Court of Appeal reversed, holding that the beneficiary's estate waived its objection to inadequate pleadin
• C & C Wholesale, Inc. v. Fusco Mgmt. Corp.
  564 So. 2d 1259· Fla. 2d DCA· 1990-08-10 ·cited 1×
  The court held that a jury trial waiver in a lease binds only the signatories, and that a party must specifically plead a claim for attorney's fees in its answer to preserve the right to seek them.
• Autorico, Inc. v. Gov't Emps. Ins. Co.
  398 So. 2d 485· Fla. 3d DCA· 1981-05-19 ·cited 1×
  GEICO sued Autorico for selling a defective car that caught fire. GEICO prevailed at trial and sought attorney's fees under Florida Statute 57.105 for frivolous defenses. The appellate court clarified that statutory attorney's fees need not be pled in the complaint, need not requ
• French Vill. Condo. Ass'n, Inc. v. Flynn
  403 So. 3d 854· Fla. 4th DCA· 2025-02-12
  French Village Condominium Association won a judgment against homeowners in small claims court and sought attorney's fees. The Fourth District reversed the denial of the fee motion, holding that French Village properly preserved its attorney's fee claim by asserting it in its mot
• Fries v. Anderson
  Fla. 4th DCA· 2023-04-19
  A claim for attorney's fees, whether based on statute or contract, must be properly pled to avoid waiver. Here, the tenants' statement of claim, which requested only "costs of court" without referencing or attaching the lease agreements defining costs to include attorney's fees,
• Vickers v. Malpeli
  Fla. 6th DCA· 2023-03-17
  The appellate court affirmed the denial of attorney's fees to Hope Vickers, holding that she failed to properly plead her claim for fees in her answers to the petitions, as required by Florida law. This decision clarifies that requests for attorney's fees must be included in init
• Fries v. Anderson
  Fla. 4th DCA· 2023-01-25
  The appellate court reversed a trial court's order awarding attorney's fees to tenants, finding that the tenants failed to properly plead their claim for attorney's fees in their initial statement of claim. The court emphasized the importance of providing notice to the opposing p
• O'Steen v. Lafayette State Bank
  M.D. Fla.· 2019-11-14
  Under Florida law, Fla. Stat. § 57.105(7) makes attorney's fees mandatory for a prevailing party when a contract contains a reciprocal fee provision, not discretionary.
• Pieter Pierre van Der Vliet v. Calvo
  Fla. 4th DCA· 2018-07-25
  Under Florida Statutes section 768.79(6)(a), attorney's fees awarded pursuant to an offer of judgment must be entered in favor of the prevailing party, not the attorney personally. The trial court's fee judgment was therefore reversed and remanded to correct the judgment to name
• Pieter Pierre van Der Vliet v. Calvo
  Fla. 4th DCA· 2018-07-25
  Under Florida Statutes section 768.79(6)(a), attorney's fees awarded pursuant to an offer of judgment must be entered in favor of the prevailing party, not the attorney personally. The trial court's fee judgment was therefore reversed and remanded to correct the judgment to name
• Ford Motor Credit Co. v. Burman
  9th Cir. Ct. App. Div.· 2014-06-06
  Ford Motor Credit Co. appeals trial court orders awarding attorney's fees and costs to Eric Burman despite his failure to plead entitlement to such fees in his answer. The appellate court affirmed, finding that FMCC had notice of Burman's intent to seek fees and acquiesced to the
• Mercer v. Kanowsky
  15 So. 3d 814· Fla. 4th DCA· 2009-07-22
  A trustee appeals an order requiring him to pay half of the attorney's fees incurred by a trust beneficiary who challenged the trustee's extraordinary attorney's fees. The court reverses, applying its prior precedent that the beneficiary failed to properly plead her fee claim.
• T.A. Enters., Inc. v. Olarte, Inc.
  951 So. 2d 978· Fla. 4th DCA· 2007-03-14
  T.A. Enterprises appeals a trial court judgment awarding damages and attorney's fees in a Florida Lemon Law case. The appellate court reverses both awards, holding that the consumer failed to present evidence of damages at trial de novo and failed to plead entitlement to attorney
• Starkey v. Linn
  723 So. 2d 333· Fla. 5th DCA· 1998-12-11
  Craig Starkey appeals an award of attorney's fees to Lori Linn in a paternity and custody action. The court reverses the fee award to Linn, holding that she was not the prevailing party in the paternity portion and failed to timely claim fees under the statute that would have sup
• D.S. Ware Co., Inc. v. Aza Lee Green
  696 So. 2d 959· Fla. 1st DCA· 1997-07-16
  D.S. Ware Company and CTB Enterprises appealed a jury verdict for homeowner Aza Lee Green in a construction contract breach case, but subsequently dismissed their appeal, leaving Green's cross-appeal seeking attorney's fees and additional expenses. The appellate court reversed th