Perez v. Doroska

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004 CHARLES PEREZ and MAXON REALTY, P.A., Appellants, v. Case No. 5D03-2381 BARBARA DOROSKA, et al., Appellee. / Opinion filed July 16, 2004 Appeal from the Circuit Court for Seminole County, Thomas G. Freeman, Judge. Mario A. Garcia of Mario A. Garcia, P.A., Orlando, for Appellants. Barbara Doroska, Chuluota, pro se. PER CURIAM. Appellee, who was plaintiff below, obtained a judgment against Appellants related to a real estate transaction. The judgment was affirmed on appeal. Doroska v. Aponte, 814 So. 2d 1061 (Fla. 5th DCA 2002). After the mandate issued, Appellee filed a motion for the attorney s fees incurred by her prior to the appeal, which was granted over objection. Appellants challenge the order awarding attorney s fees to Appellee on numerous grounds. We discuss only one of Appellants arguments, however, because it is dispositive of this appeal. Because Appellee did not plead entitlement to attorney s fees in her complaint, it was error to award fees. Stockman v. Downs, 573 So. 2d 835 (Fla. 1991). REVERSED. PETERSON, ORFINGER and TORPY, JJ., concur. 2

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