Frances Fries v. Tim Anderson and Laura Anderson

Summary

The Florida Fourth District Court of Appeal denied motions for clarification, rehearing, rehearing en banc, and certification in a security-deposit dispute. The court addressed the requirement under Stockman v. Downs and related cases that a claim for attorney’s fees be pleaded, holding that a general request for costs did not preserve the claim. The court also criticized the appellees’ misrepresentation of the holding of Precision Tune Auto Care, Inc. v. Radcliffe.

Holdings

1. Precision Tune did not hold that a general request for costs in a pleading is sufficient to preserve a claim for attorney's fees; it held the opposite.
2. A claim for attorney's fees need not be pleaded with specificity, but the pleading must contain at least some mention of attorney's fees to preserve the right to claim them.

Questions Presented

1. Whether the appellees were entitled to rehearing, en banc review, or certification based on their contention that Precision Tune Auto Care, Inc. v. Radcliffe held that a general request for costs sufficiently pleaded entitlement to attorney's fees.
2. Whether a claim for attorney's fees must be pleaded and, if so, whether a pleading must specifically request fees or merely contain some mention of attorney's fees to preserve the claim.

Disposition

other