PHILLIP DI VIRGILIO AND MINNIE DI VIRGILIO, HIS WIFE, PETITIONERS,

v.

STATE ROAD DEPARTMENT OF FLORIDA, AN AGENCY OF THE STATE OF FLORIDA, AND OSCEOLA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, RESPONDENTS

Citator

Cited By

• Stockman v. Downs, 573 So. 2d 835 (Fla. 1991)
  …a. 442, 90 So. 613 (1921); Price v. Boden, 39 Fla. 218, 22 So. 657 (1897). However, in subsequent decisions, this Court found it unnecessary to plead for attorney’s fees where the claim was based on statute. Prudence Mut. Casualty Co. v. Washington, 211 So. 2d 556 (Fla.1968); New Amsterdam Casualty Co. v. James, 122 Fla. 710, 166 So. 813 (1935); National Benefit Life Ins. Co. v. Brown, 103 Fla. 758, 139 So. 193 (1931). Most decisions of the district courts of appeal have held that it is unnecessary to plead f…

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• Dep't of Transp. v. Jirik, 498 So. 2d 1253 (Fla. 1986)
  …eview Division of Administration, State Department of Transportation v. Jirik, 471 So. 2d 549 (Fla. 3d DCA 1965), which expressly and directly .conflicts with Di Virgilio v. State Road Department, 205 So. 2d 317 (Fla. 4th DCA 1967), cert. dismissed, 211 So. 2d 556 (Fla.1968). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. This matter arises from an inverse condemnation action in which respondent alleges that the state’s construction of a wall along the border of her property constitutes a taking for wh…
• Ocala Music & Marine Ctr. v. Caldwell, 389 So. 2d 222 (Fla. 5th DCA 1980)
  …hough it is the better practice to plead attorney’s fees, a party is not required to plead them where they are allowed by statute. Washington v. Rogers, 201 So. 2d 636 (Fla. 4th DCA 1967), cert. denied sub nom., Prudence Mut. Cas. Co. v. Washington, 211 So. 2d 556 (Fla. 1968); New Amsterdam Cas. Co. v. James, 122 Fla. 710, 166 So. 813 (1936); National Benefit Life Ins. Co. v. Brown, 103 Fla. 758, 139 So. 193 (1931).4 Therefore, we reverse that portion of the final judgment that denied Ocala Marine attorney’s…