Legal Opinion

Lindberg v. Lindberg

District Court of Appeal of Florida

Decided March 15, 1995No. 94-00017PublishedCited by 1 opinion

1Per curiam

Ralph Lindberg, the former husband, appeals the award of attorney’s fees and the amount of alimony awarded in a divorce modification proceeding. We reverse the award of attorney’s fees because Karen Lindberg, *1295the former wife, never requested that relief. In all other respects we affirm.

A party seeking attorney’s fees must request and plead entitlement to such fees. The failure to do so waives any claim. Stockman v. Downs, 573 So.2d 835 (Fla.1991). In the instant case the former wife never requested an award of fees. The trial court sua sponte included attorney’s fees in the final order. Since…

2Cases cited1 opinion

  1. Stockman v. DownsSupreme Court of Florida · 1991

3Cited by1 opinion

  1. Longmeier v. LongmeierDistrict Court of Appeal of Florida · 2006

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