Legal Opinion
Save on Cleaners of Pembroke II Inc. v. Verde Pines City Center Plaza LLC
District Court of Appeal of Florida
Decided August 12, 2009No. 4D08-2897PublishedCited by 10 opinions
1Opinion of the CourtFarmer, J.
A landlord sued a tenant for breach of a commercial lease. The lease provided for attorneys fees to the prevailing party. The tenant did not claim such fees in a pleading. 1 Before trial tenant filed several documents claiming attorneys fees as the putative prevailing party. We find that in this case its failure to formally plead fees was not fatal.
The record shows that 10 days after the commencement of the action tenant filed a motion to dismiss the complaint, arguing that landlord’s failure to give a specific notice required by the lease barred its claim. The motion also claimed fees under…
2Cases cited7 opinions
- Stockman v. DownsSupreme Court of Florida · 1991
- Gibbs Const. Co. v. SL Page Corp.District Court of Appeal of Florida · 2000
- Mainlands of Tamarac by the Gulf Unit No. Four Ass'n v. MorrisDistrict Court of Appeal of Florida · 1980
- Allstate Ins. Co. v. RegarDistrict Court of Appeal of Florida · 2006
- Rochlin v. CunninghamDistrict Court of Appeal of Florida · 1999
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Land & Sea Petroleum, Inc. v. Business Specialists, Inc.District Court of Appeal of Florida · 2011
- Dickson v. HeatonDistrict Court of Appeal of Florida · 2012
- Andrew Nathanson, as Successor Trustee of the Charlotte Stearn Revocable Trust Agreement v. Nadine Morelli and Kenneth SternDistrict Court of Appeal of Florida · 2015
- Underwood Anderson & Associates, Inc. v. Lillo's Italian Restaurant, Inc.District Court of Appeal of Florida · 2010
- Henn v. ULTRASMITH RACING, LLCDistrict Court of Appeal of Florida · 2011
5 more not listed; retrieve them via the Exa API.