Melissa Woodman, et al. v. Brickell Mar, LLC

Summary

The Florida Third District Court of Appeal reversed the denial of Melissa Woodman and Timothy Enriquez’s motion for attorney’s fees and costs after Brickell Mar, LLC voluntarily dismissed its small-claims action. The court held that Green v. Sun Harbor Homeowners’ Ass’n, rather than Stockman v. Downs, controlled because the appellants were not required to file a responsive pleading and timely asserted their fee claim within thirty days after dismissal.

Holdings

1. A defendant's failure to state a claim for attorney's fees in a motion to dismiss does not waive the claim when the case has not proceeded to the point at which a responsive pleading is required.
2. A defendant may claim attorney's fees either in the motion to dismiss or by filing a separate motion within thirty days following dismissal of the action.

Questions Presented

1. Whether defendants in a small-claims action who were not required to file a responsive pleading waived a claim for attorney's fees by failing to state the claim in a motion to dismiss.
2. Whether the appellants' motion for attorney's fees and costs, filed within thirty days after dismissal, adequately preserved their claim.

Disposition

reversed_and_remanded