RALPH ERIC LINDBERG, APPELLANT,
v.
KAREN DEITERS LINDBERG, APPELLEE
RALPH ERIC LINDBERG, APPELLANT,
KAREN DEITERS LINDBERG, APPELLEE
651 So. 2d 1294
Florida District Court of Appeal, Second District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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, the 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Longmeier v. Longmeier, 921 So. 2d 808 (Fla. 1st DCA 2006)…s fees are not specifically pled. Id.; see also Stockman v. Downs, 573 So. 2d 835, 837 (Fla.1991) (“[A] claim for attorney’s fees, whether based on statute or contract, must be pled. The fundamental concern is one of notice.”); Lindberg v. Lindberg, 651 So. 2d 1294 (Fla. 2d DCA 1995) (citing Stockman, and reversing an award of attorney’s fees to the former wife where the former wife never requested an award of fees). The former husband filed several motions with the trial court against the former wife regardi…
Authorities Cited
- Stockman v. Downs, 573 So. 2d 835 (Fla. 1991)