Opinion
Case No. 96-0213
Opinion filed February 26, 1997
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Ronald V. Alvarez, Judge.
Gerald R. Pumphrey of Gerald R. Pumphrey, P.A., Palm Beach Gardens, for appellant.
Scott E. Simowitz and Jena E. Rissman of Mandel, Simowitz, Weisman, Kirschner Diaz, P.A., Boca Raton, for Appellee-Barnett Bank.
The final order denying attorney's fees, insofar as it denies fees sought by Appellant pursuant to section 57.105(2), Florida Statutes, is reversed.
Appellant sought attorney's fees pursuant to section 57.105, but failed to specify under which subsection he was pleading an entitlement. We recognize that a claim for attorney's fees must be pled with specificity. Stockman v. Downs, 573 So.2d 835 (Fla. 1991). However, the pleadings in the instant case, although not artfully drafted, provided sufficient notice to Appellant that Appellee could be seeking fees pursuant to either subsection of the statute. See Dep't. of Health and Rehab. Servs. v. Crossdale, 585 So.2d 481 (Fla. 4th DCA 1991); Taylor v. McGregor, 616 So.2d 159 (Fla. 3d DCA 1993). That portion of the order denying fees under section 57.105(1) is affirmed.
DELL, STONE and SHAHOOD, JJ., concur.