FRANK MARRERO AND ROSA MARRERO, APPELLANTS,

v.

JOSE EDWARD CAVERO AND LAURA CAVERO, APPELLEES

Citator

Cited By

• Brown v. Gardens BY THE SEA S. Condo. Ass'n, 424 So. 2d 181 (Fla. 4th DCA 1983)
  …ppellants failure to initially plead their entitlement to fees. The overwhelming bulk of the cases hold that it is necessary to request attorney fees in the parties’ basic pleadings when claiming under a contract. An exception is Marrero v. Cavero, 400 So. 2d 802 (Fla. 3d DCA 1981) where it was stated: 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 [*183]…
• Taggart Corp. v. Benzing, 434 So. 2d 964 (Fla. 4th DCA 1983)
  …t correct until reading the recorded decisions for ourselves. Even after doing that, we still feel that maybe the trial judge should be correct, but under existing case law he apparently is not. For example, the Third District in Marrero v. Cavero, 400 So. 2d 802 (Fla. 3d DCA 1981), pet. for rev. den., 411 So. 2d 383 (Fla.1981), not only upheld the presentation of the attorney’s fee issue in a contract case after judgment, but added that there was no need to even plead it! As Judge Dell pointed out in his sp…
• Protean Invs., Inc. v. Travel ETC., Inc., 519 So. 2d 7 (Fla. 3d DCA 1987)
  …d Hosp. Dist., 484 So. 2d 1241, 1243 (Fla.1986), deciding that a final judgment which lacks the “magic words ‘jurisdiction is reserved’ ” does not deprive a party of the “substantive right to attorney’s fees”; and of this court in Marrero v. Cavero, 400 So. 2d 802 (Fla. 3d DCA), review denied, 411 So. 2d 383 (1981), ruling that the failure to request contractual attorney’s fees does not defeat entitlement when the issue is presented by a timely post-judgment motion, require that we affirm. We recognize that t…

Authorities Cited

• Ocala Music & Marine Ctr. v. Caldwell, 389 So. 2d 222 (Fla. 5th DCA 1980)
• Miami Lincoln Mercury, Inc. v. Kramer, 399 So. 2d 1003 (Fla. 3d DCA 1981)