Imseis v. Zaher

LaROSE, Judge.

James Imseis appeals a final judgment denying him relief on causes of action for cancellation of a deed, ejectment, and equitable lien. He also challenges the trial court’s reservation of jurisdiction to determine entitlement to and an award of attorneys’ fees; Mr. Imseis argues that no one pleaded for such relief. On this latter point, we agree and Mr. Zaher concedes error.

A claim for attorneys’ fees must be pleaded, whether based on contract or statute. BMR Funding, LLC v. DDR Corp., 67 So.3d 1137, 1140 (Fla. 2d DCA 2011) (citing Stockman v. Downs, 573 So.2d 835, 837…