Failure to Plead For Attorneys Fees – Imseis v. Zaher

The Plaintiff in this lawsuit lost his claims for cancellation of a deed, ejectment, and equitable lien.  The Court entered judgment and included language in the judgment that reserved ruling on attorneys’ fees.  The Plaintiff appealed as the Defendant neither party pled a fee claim.

The Second DCA found that neither party could recover their fees and that the judge’s inclusion of language reserving the right to award fees was improper.  “A claim for attorneys’ fees must be pleaded, whether based on contract or statute.”  citing BMR Funding, LLC v. DDR Corp., 67 So. 3d 1137, 1140 (Fla. 2d DCA 2011) (citing Stockman v. Downs, 573 So. 2d 835, 837 (Fla. 1991)). See also Florida Rule of Civil Procedure 1.525 (“Additionally, a timely motion is required.”)

Imseis v. Zaher, Case No. 2D10-5990 (Fla. 2d DCA April 4, 2012)