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Lindberg v. Lindberg

651 So. 2d 1294, 1995 Fla. App. LEXIS 2539, 1995 WL 108995
CourtDistrict Court of Appeal of Florida
DecidedMarch 15, 1995
DocketNo. 94-00017
StatusPublished
Cited by1 cases

This text of 651 So. 2d 1294 (Lindberg v. Lindberg) 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.

Bluebook
Lindberg v. Lindberg, 651 So. 2d 1294, 1995 Fla. App. LEXIS 2539, 1995 WL 108995 (Fla. Ct. App. 1995).

Opinion

PER CURIAM.

Ralph Lindberg, the former husband, appeals the award of attorney’s fees and the amount of alimony awarded in a divorce modification proceeding. We reverse the award of attorney’s fees because Karen Lindberg, [1295]*1295the former wife, never requested that relief. In all other respects we affirm.

A party seeking attorney’s fees must request and plead entitlement to such fees. The failure to do so waives any claim. Stockman v. Downs, 573 So.2d 835 (Fla.1991). In the instant case the former wife never requested an award of fees. The trial court sua sponte included attorney’s fees in the final order. Since fees were not requested, we reverse the award and remand with directions to delete the fees.

RYDER, A.C.J., and SCHOONOVER and QUINCE, JJ., concur.

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921 So. 2d 808 (District Court of Appeal of Florida, 2006)

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Bluebook (online)
651 So. 2d 1294, 1995 Fla. App. LEXIS 2539, 1995 WL 108995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindberg-v-lindberg-fladistctapp-1995.