Marrero v. Cavero
This text of 400 So. 2d 802 (Marrero v. Cavero) 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.
Opinion
Frank MARRERO and Rosa Marrero, Appellants,
v.
Jose Edward CAVERO and Laura Cavero, Appellees.
District Court of Appeal of Florida, Third District.
Stephen L. Raskin, Miami, for appellants.
John H. Duhig, Miami, for appellees.
Before BARKDULL and FERGUSON, JJ., and MELVIN, WOODROW M. (Ret.), Associate Judge.
PER CURIAM.
Defendants' entitlement to an attorney's fee based on a contract in evidence was not defeated by failure to plead for same as they presented the issue before the trial court by timely motion made after judgment for the defendants although it would have been better practice for the defendants to have pled for said attorney's fees in their answer. Miami Lincoln Mercury, Inc. v. Kramer, 399 So.2d 1003 (Fla. 3d DCA 1981). See, e.g., Ocala Music & Marine Center v. Caldwell, 389 So.2d 222 (Fla. 5th DCA 1980).
Affirmed.
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400 So. 2d 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marrero-v-cavero-fladistctapp-1981.