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3rd DCAOctober 30, 2019Reversed and Remanded⭐ Notable

Navarro v. Veloz

Case No. 18-1990

The trial court denied a former wife attorney's fees in a dissolution action because the fee claim was not properly pled under Stockman v. Downs. The Third District reversed, holding that the recognized exception to Stockman applied because the opposing party raised no objection to a clearly asserted claim for fees, thereby waiving the pleading defect, and remanded for imposition of fees.

Key facts

  • Former wife sought attorney's fees in a dissolution of marriage action, but the trial court denied the fees claim, finding it was not properly pleaded under Stockman v. Downs.
  • The opposing party never objected to the fee claim or the alleged pleading defect during the trial court proceedings, and a hearing on temporary fees was convened but not concluded before the final hearing.
  • +1 more key fact with a free trial

Why it matters

This decision gives family and civil practitioners a citable path around a Stockman-based denial of fees: if the opponent had notice of the fee claim and never objected to the pleading defect, the objection is waived… — full analysis with a trial

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