Legal Opinion

Fernandez v. Crespo

District Court of Appeal of Florida

Decided September 5, 2012No. 3D11-2301Published

1Opinion of the Court

SCHWARTZ, Senior Judge.

The trial judge denied the appellant the attorney’s fees to which he was entitled as the prevailing party under the governing marital settlement agreement solely on the ground that his claim had not been properly pled as required by Stockman v. Downs, 573 So.2d 835 (Fla.1991). That order is reversed because the record establishes the applicability of the exception to the Stockman doctrine which applies when the opposing party raises no objection to a clearly asserted claim to fees. See Stockman, 573 So.2d at 838; Sandoval v. Banco de Comercio, S.A., 585 So.2d 934…

2Cases cited8 opinions

  1. Stockman v. DownsSupreme Court of Florida · 1991
  2. Oriental Imports, Inc. v. AlilinDistrict Court of Appeal of Florida · 1990
  3. Mainlands of Tamarac by the Gulf Unit No. Four Ass'n v. MorrisDistrict Court of Appeal of Florida · 1980
  4. Save on Cleaners of Pembroke II Inc. v. Verde Pines City Center Plaza LLCDistrict Court of Appeal of Florida · 2009
  5. Arellano v. BissonDistrict Court of Appeal of Florida · 2000

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