DOMINICK CALDERONE
v.
CURTIS STOKES AND ASSOCIATES, INC
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A party cannot recover attorney's fees if the claim was not pled and there is no statutory or contractual basis for the fees.
[1] A claim for attorney's fees must be pleaded; failure to request such fees constitutes a waiver of the claim regardless of whether a statutory or contractual basis exists.
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Join FLexlaw to unlock all legal intelligence“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.”
Court's statement of the controlling legal principle from Stockman v. Downs.
A brokerage firm brought an action to recover a commission on a boat sale. The trial court awarded the firm $3,490 in commission, $300 in costs, and $…
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PER CURIAM.
This case involves a dispute over a brokerage commission on a boat sale. The seller appeals a judgment awarding the brokerage firm a $3,490 commission, $300 in costs, and $1,510 in attorney’s fees. We affirm without comment the judgment as it relates to the commission and costs. However, we reverse the attorney’s fees award because the brokerage firm did not request attorney’s fees, and there was no statutory or contractual basis for fees. See Stockman v. Downs, 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.”); Moakley v. Smallwood, 826 So. 2d 221, 224 (Fla. 2002).
Affirmed in part, reversed in part, and remanded. LEVINE, C.J., MAY and FORST, JJ., concur.
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Stockman v. Downs, 573 So. 2d 835 (Fla. 1991)
- Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002)