In Rabbit Hill Homeowners Assoc., Inc. v. Cory, The First District Court of appeal recognized that in certain circumstances, a party’s failure to plead entitlement to attorney’s fees is not always fatal.
The Court held there can be a waiver of the waiver of fees.
The First DCA noted “the record contains competent substantial evidence to support the trial court’s finding that the appellant recognized and acquiesced to appellees’ claim for attorney’s fees and, accordingly, waived its right to insist that the claim be set forth in a pleading.”