Max Dial Porsche Audi, Inc. v. Kushner, Inc.

STONE, Judge.

We reverse the final judgment awarding attorney’s fees. It is error to award attorney’s fees in the absence of a demand for such fees in the pleadings. Stockman v. Downs, 573 So.2d 835 (Fla.1991).

Here, at the time the appellant-plaintiff took a voluntary dismissal of its claim, the only defense pleading was an answer that did not contain a request for fees. However, there was a pending motion for leave to file an amended answer which did contain such a request. The dismissal was taken prior to any hearing on the pending motion.

Therefore, applying Stockman, there was still a…