JOHN JOSEPH NESSMITH AND JUDY CAROLYN NESSMITH, APPELLANTS,

v.

RUTH MCCLOSKEY ARNOLD AND NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA., APPELLEES

Citator

Cited By

• Sheoah Highlands, Inc. v. Daugherty, 837 So. 2d 579 (Fla. 5th DCA 2003)
  …to be read to hold that the failure to set forth a claim for attorney fees in a complaint, answer, or counterclaim, if filed, constitutes a waiver.” Green v. Sun Harbor Homeowners’ Ass’n, Inc., 730 So. 2d 1261, 1263 (Fla.1998). See Starkey v. Linn, 723 So. 2d 333, 336 (Fla. 5th DCA 1998). While this court has held that a party seeking an award of fees must specifically plead the correct entitlement, the supreme court recently held that a general request for attorney’s fees is sufficient, and that the failure…
• Starkey v. Linn, 727 So. 2d 386 (Fla. 5th DCA 1999)
  …n though that issue is on appeal). It did not, however, have the authority to order Starkey to post the supersedeas bond as a condition of the court not enforcing its final judgment. REVERSED. COBB and THOMPSON, JJ., concur. . In Starkey v. Linn, 723 So. 2d 333 (Fla. 5th DCA 1998), the sole subject of the appeal was the award of attorney’s fees to Linn, which this court reversed. . Rule 9.600(c), "Family Law Matters," provides: (c) Family Law Matters. In family law matters: (1)The lower tribunal shall re…
• Holiday Square Owners Ass'n, Inc. v. Konstantinos Tsetsenis, 820 So. 2d 450 (Fla. 5th DCA 2002)
  …as reversed because the party to whom the award was made failed to plead the statute under which the award was made (section 501.2105), and further, this court found that statute was not applicable to the transaction in the case. In Starkey v. Linn, 723 So. 2d 333 (Fla. 5th DCA 1998), this court reversed an award of attorney’s fees in a paternity action as untimely because the party to whom the award was made failed to request fees pursuant to the possibly applicable statute until the fee hearing was held. I…