Sandoval v. Banco de Comercio, S.A.

McDONALD, Justice.

Pursuant to article V, section 3(b)(3), Florida Constitution, we review Perez Sandoval v. Banco de Comercio, 566 So.2d 828 (Fla. 3d DCA 1990), because of conflict with Stockman v. Downs, 573 So.2d 835 (Fla.1991). In Perez Sandoval the district court affirmed a judgment for attorney’s fees and held that it is not necessary to plead entitlement to attorney’s fees in a complaint. In Stockman, on the other hand, we held that a claim for attorney’s fees, whether based on statute or contract, must be pled.

Stockman, however, recognizes an exception to its general rule: “Where a…