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DONALDSON v. SMITH

District Court of Appeal of Florida, First District.
Nov 26, 2001

PER CURIAM.

We reverse the trial court's award of attorney's fees to appellees. It was error to award attorney's fees where they were not properly requested in the pleadings. See Stockman v. Downs, 573 So.2d 835 (Fla. 1991).

It is questionable whether appellees would have been entitled to such fees even if they had been properly sought. See In Re Guardianship of Jansen, 405 So.2d 1074 (Fla. 2d DCA 1981).

WOLF, VAN NORTWICK and BROWNING, JJ., concur.