JUDITH A. BULL, APPELLANT,
v.
BARTLEY BULL, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A party seeking attorney's fees under a discretionary statute must plead for them and provide notice, even if fees are generally available by statute.
The former wife voluntarily dismissed her child support arrearage motion. At the subsequent hearing, the former husband orally moved for attorney's fe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Pleading Requirement For Attorney'S Fees cases and more on FLexlaw
ERVIN, Judge.
Appellant, former wife Judith A. Bull, appeals an order awarding attorney’s fees to the former husband, appellee Bartley Bull, claiming that the award was erroneous because appellee neither pled nor gave notice prior to the hearing at which fees were awarded that he was seeking attorney’s fees, and because there was no authority for a fee award. We reverse.
In May 1990, the former wife filed a motion seeking to establish child-support arrearages, and a hearing was scheduled for October 2,1990. When the former wife was unable to attend because she was in Germany working as a teacher for the Department of Defense, her attorney filed a notice of voluntary dismissal. At the hearing, which proceeded on the motion for arrearages, appellee’s counsel made an oral motion for attorney’s fees and court costs, over objection, and the court awarded the former husband attorney’s fees of $625.00.
Although the trial court has the authority pursuant to Section 61.16, Florida Statutes (1989), to award fees following the former wife’s voluntary dismissal, Wiggins v. Wiggins, 446 So. 2d 1078, 1079 (Fla.1984), it erred in awarding fees when the former husband had neither requested fees in a pleading nor given the former wife notice that fees would be at issue.1 Johnson v. Johnson, 346 So. 2d 591, 593 (Fla. 1st DCA 1977). Accord Meek v. Meek, 486 So. 2d 663 (Fla. 5th DCA 1986); Christie v. Casaday, 486 So. 2d 622 (Fla. 5th DCA 1986); Bob v. Bob, 312 So. 2d 798 (Fla. 3d DCA 1975).
REVERSED.
SMITH and ALLEN, JJ., concur. . It is not essential for a prevailing party to request attorney’s fees when the party is entitled to such fees by statute, but a request for fees must be specifically pled under section 61.16, which is a discretionary-fee provision. Heath v. PiRoman, 544 So. 2d 1059, 1060-61 (Fla. 1st DCA 1989).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Longmeier v. Longmeier, 921 So. 2d 808 (Fla. 1st DCA 2006)…rked by the former wife’s attorney during a period for which no request for attorney’s fees was made. We agree and reverse. “[A] request for fees must be specifically pled under section 61.16 1 which is a discretionary-fee provision.” Bull v. Bull, 584 So. 2d 171, 171 n. 1 (Fla. 1st DCA 1991). Therefore, it is error for a trial court to award attorney’s fees pursuant to section 61.16(1) where attorney’s fees are not specifically pled. Id.; see also Stockman v. Downs, 573 So. 2d 835, 837 (Fla.1991) (“[A] clai…
-
Cruse v. Claudette Cruse, 752 So. 2d 121 (Fla. 1st DCA 2000)…PER CURIAM. The trial judge erred in awarding fees when the former wife had neither requested fees in a pleading nor given the former husband notice that fees would be at issue. Bull v. Bull, 584 So. 2d 171 (Fla. 1st DCA 1991). Accordingly, that portion of the judgment ordering the former husband to pay $500 of the former wife’s attorney’s fees is reversed. In all other respects, the judgment on appeal is affirmed. AFFIRMED in part; REVERSED in part.…
Authorities Cited
- Johnson v. Johnson, 346 So. 2d 591 (Fla. 1st DCA 1977)
- J.J. Wiggins v. Wiggins, 446 So. 2d 1078 (Fla. 1984)
- Christie v. Ricki A. Casaday, 486 So. 2d 622 (Fla. 5th DCA 1986)
- Burns v. Med. Ctr. Hosp. OF Largo, 544 So. 2d 1059 (Fla. 2d DCA 1989)
- BOB v. Juliet BOB, 312 So. 2d 798 (Fla. 3d DCA 1975)
- In re The Marriage of Frances B. Meek v. Meek, 486 So. 2d 663 (Fla. 5th DCA 1986)