Perez v. Doroska

District Court of Appeal of Florida

Perez v. Doroska

881 So. 2d 22, 2004 Fla. App. LEXIS 10563, 2004 WL 1584638

District Court of Appeal of Florida·Decided July 16, 2004·No. No. 5D03-2381·Published

Opinion

PER CURIAM.

Appellee, who was plaintiff below, obtained a judgment against Appellants related to a real estate transaction. The judgment was affirmed on appeal. Doroska v. Aponte, 814 So.2d 1061 (Fla. 5th DCA 2002). After the mandate issued, Appellee filed a motion for the attorney’s fees incurred by her prior to the appeal, which was granted over objection. Appellants challenge the order awarding attorney’s fees to Appellee on numerous grounds. We discuss only one of Appellants’ arguments, however, because it is dispositive of this appeal. Because Appel-[23]*23lee did not plead entitlement to attorney’s fees in her complaint, it was error to award fees. Stockman v. Downs, 573 So.2d 835 (Fla.1991).

REVERSED.

PETERSON, ORFINGER and TORPY, JJ., concur.

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PER CURIAM.

Appellee, who was plaintiff below, obtained a judgment against Appellants related to a real estate transaction. The judgment was affirmed on appeal. Doroska v. Aponte, 814 So.2d 1061 (Fla. 5th DCA 2002). After the mandate issued, Appellee filed a motion for the attorney’s fees incurred by her prior to the appeal, which was granted over objection. Appellants challenge the order awarding attorney’s fees to Appellee on numerous grounds. We discuss only one of Appellants’ arguments, however, because it is dispositive of this appeal. Because Appel-[23]*23lee did not plead entitlement to attorney’s fees in her complaint, it was error to award fees. Stockman v. Downs, 573 So.2d 835 (Fla.1991).

REVERSED.

PETERSON, ORFINGER and TORPY, JJ., concur.

Perez v. Doroska, 881 So. 2d 22, 2004 Fla. App. LEXIS 10563, 2004 WL 1584638 (Fla. Ct. App. 2004).

Pincite

881 So. 2d 22 (Perez v. Doroska) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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