Heartland Fertilizer Co. v. Carpenter

WHATLEY, Judge.

Heartland Fertilizer Company appeals a final judgment and an award of attorney’s fees entered in favor of Ruenn Hwa Carpenter in Heartland’s action to enforce a personal guaranty. We affirm the final judgment, as we agree with the trial court that the guaranty was not enforceable against Carpenter, individually. However, we reverse the award of attorney’s fees.

We conclude that the award of attorney’s fees must be reversed for two reasons. First, Carpenter failed to plead entitlement to attorney’s fees. See Green v. Sun Harbor Homeowners’ Ass’n, 730 So.2d 1261, 1263 (Fla.1998)…