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Florida District Courts of Appeal, 2001

Donaldson v. Smith

Donaldson v. Smith
Florida District Courts of Appeal · Decided November 26, 2001 · Browning, Nortwick, Wolf
800 So. 2d 342; 2001 Fla. App. LEXIS 16616; 2001 WL 1485966 (Southern Reporter, Second Series)

Donaldson v. Smith

Opinion of the Court

PER CURIAM.

We reverse the trial court’s award of attorney’s fees to appellees. It was error to award attorney’s fees where they were not properly requested in the pleadings. See Stockman v. Downs, 573 So.2d 835 (Fla. 1991).1

WOLF, VAN NORTWICK and BROWNING, JJ., concur.

. It is questionable whether appellees would have been entitled to such fees even if they had been properly sought. See In re Guardianship of Jansen, 405 So.2d 1074 (Fla. 2d DCA 1981).

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