Crane v. Barnett Bank of Palm Beach County

District Court of Appeal of Florida

Crane v. Barnett Bank of Palm Beach County

687 So. 2d 1384, 1997 Fla. App. LEXIS 1701, 1997 WL 78209

CourtDistrict Court of Appeal of Florida

DecidedFebruary 26, 1997

DocketNo. 96-0213

StatusPublished

Cited by3 cases

This text of 687 So. 2d 1384 (Crane v. Barnett Bank of Palm Beach County) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Crane v. Barnett Bank of Palm Beach County, 687 So. 2d 1384, 1997 Fla. App. LEXIS 1701, 1997 WL 78209 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The final order denying attorney’s fees, insofar as it denies fees sought by Appellant pursuant to section 57.105(2), Florida Statutes, is reversed.

Appellant sought attorney’s fees pursuant to section 57.105, but failed to specify under which subsection he was pleading an entitlement. We recognize that a claim for attorney’s fees must be pled with specificity. Stockman v. Downs, 573 So.2d 835 (Fla.1991). However, the pleadings in the instant case, although not artfully drafted, provided sufficient notice to Appellant that Appellee could be seeking fees pursuant to either subsection of the statute. See Dep’t. of Health and Rehab. Servs. v. Crossdale, 585 So.2d 481 (Fla. 4th DCA 1991); Taylor v. McGregor, 616 So.2d 159 (Fla. 3d DCA 1993). That portion of the order denying fees under section 57.105(1) is affirmed.

DELL, STONE and SHAHOOD, JJ., concur.

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PER CURIAM.

The final order denying attorney’s fees, insofar as it denies fees sought by Appellant pursuant to section 57.105(2), Florida Statutes, is reversed.

Appellant sought attorney’s fees pursuant to section 57.105, but failed to specify under which subsection he was pleading an entitlement. We recognize that a claim for attorney’s fees must be pled with specificity. Stockman v. Downs, 573 So.2d 835 (Fla.1991). However, the pleadings in the instant case, although not artfully drafted, provided sufficient notice to Appellant that Appellee could be seeking fees pursuant to either subsection of the statute. See Dep’t. of Health and Rehab. Servs. v. Crossdale, 585 So.2d 481 (Fla. 4th DCA 1991); Taylor v. McGregor, 616 So.2d 159 (Fla. 3d DCA 1993). That portion of the order denying fees under section 57.105(1) is affirmed.

DELL, STONE and SHAHOOD, JJ., concur.

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687 So. 2d 1384, 1997 Fla. App. LEXIS 1701, 1997 WL 78209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crane-v-barnett-bank-of-palm-beach-county-fladistctapp-1997.

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