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800 So. 2d 342

Donaldson v. Smith

District Court of Appeal of Florida

Decided November 26, 2001

District Court of Appeal of Florida · decided 2001-11-26

Relies on Stockman v. Downs · 405 So. 2d 1074 - In Re Guardianship of Jansen

Decided 2001-11-26

PER CURIAM.

¶1We 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.

¶2. 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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