DONALD G. CALLAWAY, APPELLANT,
v.
CITY OF WEST PALM BEACH, A MUNICIPAL CORPORATION, AND WEST PALM BEACH GOLF COMMISSION, AN AGENCY OF THE CITY OF WEST PALM BEACH, APPELLEES
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PER CURIAM.
The appellee, successful in its defense, was awarded attorney’s fees in consolidated cases. The law governing the lawsuits permitted the successful litigant the award of fees. Although the plaintiff made an appropriate demand, the defendant did not. The failure of the defendant to plead entitlement to attorney’s fees precludes the award. Stockman v. Downs, 573 So. 2d 835 (Fla.1991).
Although one of the cases here involved a claim under 42 U.S.C. § 1988, which might otherwise allow for attorney’s fees even though not requested until after judgment, see White v. New Hampshire Dept. of Employment Sec., 455 U.S. 445, 102 S.Ct. 1162, 71 L.Ed.2d 325 (1982), Florida procedure applies here. Under Florida procedure, Stockman is controlling.
REVERSED.
DELL and STONE, JJ., and KAHN, MARTIN D., Associate Judge, concur.
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Donnie Hugh Doctor v. State, 677 So. 2d 1372 (Fla. 3d DCA 1996)…. Benjamin Cardozo, The Growth of the Law, in Selected Writings of Benjamin Nathan Cardozo 214 (Margaret E. Hall ed. 1947). I concur without reservation in this Court’s continued refusal to do the same. LEVY, J., concurs. . Accord Reyes v. State, 674 So. 2d 921 (Fla. 4th DCA 1996); Variance v. State, - So. 2d - [1996 WL 1175] (Fla. 4th DCA Case no. 94-3019, opinion filed, January 3, 1996) [21 FLW D79], review granted (Fla. Case no. 87,916, July 19, 1996); Cifuentes v. State, 674 So. 2d 743 (Fla. 4th DCA 19…
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Walker v. Cash Register Auto Ins. OF Leon Cnty., Inc., 946 So. 2d 66 (Fla. 1st DCA 2006)…e of section 57.105 fees, Ganz created another exception to the Stockman rule. Ganz, however, has not been applied beyond fees awarded under section 57.105. The Stockman rule continues to be applied strictly. In Callaway v. City of West Palm Beach, 674 So. 2d 921 (Fla. 4th DCA 1996), it was held that rule set forth in Stockman v. Downs specifically applies to attorney’s fees sought under 42 U.S.C. § 1988. See also Precision Tune Auto Care, Inc. v. Radcliffe, 815 So. 2d 708, 712 (Fla. 4th DCA-.2002)(“Stockman…
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- White v. N.H. Dep't of Emp. Sec., 455 U.S. 445 (U.S. 1982)
- Stockman v. Downs, 573 So. 2d 835 (Fla. 1991)