DAVID A. DENNEY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Am. Express Bank Int'l v. Inverpan, S.A., 972 So. 2d 269 (Fla. 3d DCA 2008)
  …573 So. 2d 835, 837-38 (Fla.1991), “a claim for attorney’s fees, whether based on statute or contract, must be pled. Failure to do so constitutes a waiver of the claim.” See Caufield v. Cántele, 837 So. 2d 371, 377-78 (Fla.2002); Scruggs v. Sutton, 970 So. 2d 853 (Fla. 3d DCA 2007). Here, Inverpan failed to file any pleading requesting such relief. Its complaint merely stated that it had retained counsel and was obligated to pay fees to that firm. That allegation does not “plead specifically a request for at…
• Waltraut Gaccione v. Robert L. Damiano & 5685 A1A, LLC., 35 So. 3d 1008 (Fla. 5th DCA 2010)
  …appealable order. Caufield v. Cantele, 837 So. 2d 371, 375 (Fla.2002) (emphasis added). We think entitlement to attorney's fees presents a distinct question from taxable costs, irrespective of how it is labeled in the statute. See Scruggs v. Sutton, 970 So. 2d 853, 854 (Fla. 3d DCA 2007) (litigant must plead for fees under section 83.48 even though labeled costs). Even if the order is not final as to entitlement to fees under the statute, it is an appealable non-final order entered after a final order. Reliab…

Authorities Cited

• Logan v. State, 846 So. 2d 472 (Fla. 2003)