Opinion
No. 94-1287.
September 27, 1995. Rehearing Denied November 1, 1995.
An appeal from the Circuit Court for Dade County, Martin D. Kahn, Judge.
Mandina Ginsberg, Miami, for appellant.
No appearance for appellee.
Before NESBITT, BASKIN and GREEN, JJ.
That portion of the final order which awarded attorney's fees to Gabriel Nash-Tessler must be reversed for failure of any pleading ever filed on her behalf to make such a claim or request. Stockman v. Downs, 573 So.2d 835 (Fla. 1991). Because the same order otherwise made explicit findings that Ms. Nash-Tessler acted utterly without foundation or legal authority in bringing the action, it follows that she was not the prevailing party and was not entitled to reimbursement for costs.
Reversed.