Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If you think you are entitled to have the other party pay your attorneys’ fees and costs in your Florida divorce case, it is important to give notice early on in the litigation. This is because the general rules of pleading provide that if a party does not ask for certain relief in his or her petition, answer or counter-petition, that party cannot ask for that relief at a hearing because the other side was not aware that specific relief was an issue. This situation arose in the case Navarro v. Veloz, 3D18-1990 (Fla. 3d DCA October 30, 2019).
The former wife appealed the trial court’s decision in her divorce to deny her request for attorneys’ fees and costs. The denial was based on the trial court’s finding that the former wife did not properly plead for attorneys’ fees and costs under the holding established in Stockman v. Downs, 573 So. 2d 835 (Fla. 1991). The appellate court reversed, holding “As the record establishes the applicability of the well-entrenched ‘exception to the Stockman doctrine which applies when the opposing party raises no objection to a clearly asserted claim to fees,’ we reverse for the imposition of attorney’s fees in favor of [the former wife].”
The exception to the pleading rules is that if an issue is raised at a hearing or in other documents, and argued by a party with no objection from the other side, the matter is deemed to be tried by consent. This case illustrates the sub-rules and perhaps obscure, unstated rules in Florida family law which are best navigated by a Florida family law attorney. Schedule a consultation with a Miami divorce lawyer to understand the specific facts of your case and how the law will apply to them.