RICHARD ALAN CRANE, APPELLANT,
v.
BARNETT BANK OF PALM BEACH COUNTY, ET AL, APPELLEES
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PER CURIAM.
The final order denying attorney’s fees, insofar as it denies fees sought by Appellant pursuant to section 57.105(2), Florida Statutes, is reversed.
Appellant sought attorney’s fees pursuant to section 57.105, but failed to specify under which subsection he was pleading an entitlement. We recognize that a claim for attorney’s fees must be pled with specificity. Stockman v. Downs, 573 So. 2d 835 (Fla.1991). However, the pleadings in the instant case, although not artfully drafted, provided sufficient notice to Appellant that Appellee could be seeking fees pursuant to either subsection of the statute. See Dep’t. of Health and Rehab. Servs. v. Crossdale, 585 So. 2d 481 (Fla. 4th DCA 1991); Taylor v. McGregor, 616 So. 2d 159 (Fla. 3d DCA 1993). That portion of the order denying fees under section 57.105(1) is affirmed.
DELL, STONE and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tri-County Dev. Grp., Inc. v. C.P.T. OF S. Fla., Inc., 740 So. 2d 573 (Fla. 4th DCA 1999)…it is clear that Tri-County was on notice that fees were being sought for either lack of justiciable issue of either law or fact under subsection 57.105(1) or from the contract under section 57.105(2). In Crane v. Barnett Bank of Palm Beach County, 687 So. 2d 1384, 1385 (Fla. 4th DCA 1997), this court specifically held that an attorney’s fee award would be allowed even though the claimant had not specified which of the two subsections of section 57.105 formed the basis of the claim when pleading entitlement.…
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Crane v. Barnett Bank OF Palm Beach Cnty., 698 So. 2d 902 (Fla. 4th DCA 1997)…. P. 9.130(a). . The denial of the borrower’s motion for attorney’s fees for services at the trial level has been reviewed as to entitlement and resolved in favor of the borrower in a separate appeal. See Crane v. Barnett Bank of Palm Beach County, 687 So. 2d 1384 (Fla. 4th DCA 1997).…
Authorities Cited
- Stockman v. Downs, 573 So. 2d 835 (Fla. 1991)
- Dep't OF Health & Rehabilitative Servs. OF the State OF Fla. v. Crossdale, 585 So. 2d 481 (Fla. 4th DCA 1991)
- Gladys Taylor & the Dep't of Health & Rehabilitative Servs. v. McGREGOR, 616 So. 2d 159 (Fla. 3d DCA 1993)