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Marrero v. Cavero

District Court of Appeal of Florida, Third District
Jul 28, 1981
400 So. 2d 802 (Fla. Dist. Ct. App. 1981)

Opinion

Nos. 81-226, 81-227.

June 23, 1981. Rehearing Denied July 28, 1981.

Appeal from the Circuit Court for Dade County, Rhea P. Grossman, J.

Stephen L. Raskin, Miami, for appellants.

John H. Duhig, Miami, for appellees.

Before BARKDULL and FERGUSON, JJ., and MELVIN, WOODROW M. (Ret.), Associate Judge.


Defendants' entitlement to an attorney's fee based on a contract in evidence was not defeated by failure to plead for same as they presented the issue before the trial court by timely motion made after judgment for the defendants — although it would have been better practice for the defendants to have pled for said attorney's fees in their answer. Miami Lincoln Mercury, Inc. v. Kramer, 399 So.2d 1003 (Fla. 3d DCA 1981). See, e.g., Ocala Music Marine Center v. Caldwell, 389 So.2d 222 (Fla. 5th DCA 1980).

Affirmed.


Summaries of

Marrero v. Cavero

District Court of Appeal of Florida, Third District
Jul 28, 1981
400 So. 2d 802 (Fla. Dist. Ct. App. 1981)
Case details for

Marrero v. Cavero

Case Details

Full title:FRANK MARRERO AND ROSA MARRERO, APPELLANTS, v. JOSE EDWARD CAVERO AND…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 28, 1981

Citations

400 So. 2d 802 (Fla. Dist. Ct. App. 1981)

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