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36 Florida opinions name it 2 courts 1991–2025 6 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Stockman v. Downsgreen2 sentences2025See Stockman v. Downs, 573 So. 2d 835, 838 (Fla. 1991) (“Where a party has notice that an opponent claims entitlement to attorney’s fees, and by its conduct recognizes or acquiesces to that claim or otherwise fails to object to the failure to plead entitlement, that party waives any objection to the failure to plead a claim for attorney’s fees.”). 2023In these limited circumstances, that party “waives any objection to the failure to plead a claim for attorney’s fees.” Id. | 15 | 34 |
Green v. SUN HARBOR HOMEOWNERS'ASS'Ngreen2 sentences2015Second, “for cases that are dismissed before the filing of an answer,” the Florida Supreme Court has held “that a defendant’s claim for attorney fees is to be made either in the defendant’s motion to dismiss or by a separate motion which must be filed within thirty days following a dismissal of the action.” Green, 730 So.2d at 1263 . 2008Subsequently, in Green v. Sun Harbor Homeowners' Association, 730 So.2d 1261, 1263 (Fla.1998), the court clarified the first of the Stockman holdings, stating that the requirement that a claim for attorney's fees be pled must be read in the context of the definition of "pleadings" found in Florida Rule of Civil Procedure 1.100(a). | 1 | 2 |
Save on Cleaners of Pembroke II Inc. v. Verde Pines City Center Plaza LLCgreen1 sentence2021Id. (emphasis added); see also Save on Cleaners of Pembroke II Inc., 14 So. 3d at 297 (“An implicit rationale for Stockman’s exception – and its concomitant requirement of objecting to an unpled claim – is that under the Rules of Civil Procedure the failure to object to a claim not pleaded may operate as a consent to amendment of the pleading to include the claim.”); Fla. R. | 1 | 1 |
Andrew Nathanson, as Successor Trustee of the Charlotte Stearn Revocable Trust Agreement v. Nadine Morelli and Kenneth Sterngreen1 sentence2021See Stockman v. Downs, 573 So. 2d 835, 838 (Fla. 1991) (“Where a party has notice that an opponent claims entitlement to attorney’s fees, and by its conduct recognizes or acquiesces to that claim or otherwise fails to object to the failure to plead entitlement, that party waives any objection to the failure to plead a claim for attorney’s fees.” (emphasis added)); Nathanson v. Morelli, 169 So. 3d 259, 260 (Fla. 4th DCA 2015) (same). | 1 | 1 |
RABBIT HILL HOMEOWNERS ASS'N, INC. v. Corygreen1 sentence2016See Stockman, 573 So.2d at 838 (“Where a party has notice that an opponent claims entitlement to attorney’s fees, and by its conduct recognizes or acquiesces to that claim or otherwise fails to object to the failure to plead entitlement, that party waives any objection to the failure to plead a claim for attorney’s fees.”); Rabbit Hill Homeowners Ass’n v, Cory, 976 So.2d 663, 664 (Fla. 1st DCA 2008) (affirming final judgment assessing attorney’s fees even though party failed to plead entitlement to attorney’s fees where “the record contained] competent substantial evidence to support the trial | 1 | 1 |
Tri-County v. Cptgreen1 sentence2014Grp., Inc. v. C.P.T. of S. Fla., Inc., 740 So.2d 573, 574 (Fla. 4th DCA 1999) (citation omitted). | 1 | 1 |
Sandoval v. Banco de Comercio, S.A.green1 sentence2008In Sandoval v. Banco de Comercio, S.A., 585 So.2d 934, 934 (Fla.1991), it reaffirmed both of the Stockman holdings—that a claim for attorney's fees must be pled and that an opposing party that, "by its conduct recognizes or acquiesces to th[e] claim or otherwise fails to object to the failure to plead entitlement, . . . waives any objection to the failure to plead a claim for attorney's fees." Stockman, 573 So.2d at 838 . | 1 | 1 |
Laguna Palms Properties Ltd. v. Longgreen1 sentence1998Id.; see also, Laguna Palms Properties, Ltd. v. Long, 622 So.2d 556, 557 (Fla. 3d DCA 1993). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brown v. Gardens by the Sea South Condominium Ass'n
green
2 sentences2016Ass’n, 424 So.2d 181 , 183-84 (Fla. 4th DCA 1983) (finding that although the appellants had failed to plead entitlement in their answer and affirmative defenses, they were entitled to= attorney’s fees based on the appellees knowledge and lack of objection or suggestion of surprise *357 or prejudice, and stating: “As matters stood, appellants were affirmatively lulled into believing that their claim was known, alive, and same would be adjudicated. 2015Our supreme court cited Brown v. Gardens by the Sea S. Condominium Ass’n, 424 So.2d 181 (Fla. 4th DCA 1983), as an example of a case where the failure to plead was waived. | 5 | 1992–2016 |
Mainlands of Tamarac by the Gulf Unit No. Four Ass'n v. Morris
green
2 sentences2011Ass’n, 424 So.2d 181 (Fla. 4th DCA 1983); Mainlands of Tamarac by Gulf Unit No. Four Ass’n v. Morris, 388 So.2d 226 (Fla. 2d DCA 1980)). 1992The supreme court cited two cases as examples of its exception, Brown v. Gardens by the Sea South Condominium Association, 424 So.2d 181 (Fla. 4th DCA 1983), and Mainlands of Tamarac by Gulf Unit No. Four Association, Inc. v. Morris, 388 So.2d 226 (Fla. 2d DCA 1980). | 2 | 1992–2011 |
Taylor v. TR Properties, Inc.
green
1 sentence2008See Stockman, 573 So.2d at 838 ; Sardon Found., 852 So.2d at 421-22 ; Taylor, 603 So.2d at 1381 . | 1 | 2008–2008 |
Sardon Foundation v. New Horizons Service Dogs, Inc.
green
1 sentence2008See Stockman, 573 So.2d at 838 ; Sardon Found., 852 So.2d at 421-22 ; Taylor, 603 So.2d at 1381 . | 1 | 2008–2008 |
AUGLINK COMMUNICATIONS, INC. v. Canevari
green
1 sentence2008E.g., Auglink Commc'ns, Inc. v. Canevari, 932 So.2d 338 (Fla. 5th DCA 2006); Sardon Found. v. New Horizons Serv. | 1 | 2008–2008 |
Caufield v. Cantele
green
1 sentence2003Weekly S1046 , 837 So.2d 371 (Fla. 2002) (specific statutory or contractual basis of claim for attorney's fees need not be specifically pleaded; failure to plead basis for such claim will not result in waiver of claim); Stockman v. Downs, 573 So.2d 835, 838 (Fla.1991) ("Where a party has notice that an opponent claims entitlement to attorney's fees, and by its conduct recognizes or acquiesces to that claim or otherwise fails to object to the failure to plead entitlement, that party waives any objection to the failure to plead a claim for attorney's fees."). | 1 | 2003–2003 |
Avis Rent a Car System, Inc. v. Monroe County
green
1 sentence1996However, Monroe County candidly and properly concedes that it is not entitled to an award of appellate fees, as the mandate of this court in Avis Rent A Car System, Inc. v. Monroe County, 660 So.2d 413 (Fla. 3d DCA 1995), did not include an award of attorney’s fees in its favor. | 1 | 1996–1996 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.