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MAX DIAL PORSCHE AUDI, INC. v. KUSHNER, INC.

Nos. 91-0537 and 91-0819.

596 So.2d 156 (1992)

MAX DIAL PORSCHE AUDI, INC., a foreign corporation, in its own right a/s/o the American Hardware Mutual Insurance Company, Appellants, v. KUSHNER, INC., a Florida corporation, d/b/a Hal's Towing Service, Audrey Kushner, Hal Kushner and James M. Stark, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied May 1, 1992.

Attorney(s) appearing for the Case

James C. Blecke, Miami, and Thomas J. Caldwell of Caldwell, McNally & Carroll, Miami, for appellant-Max Dial Porsche Audi, Inc.

Roger G. Stanway, Hollywood, for appellees-Kushner.

Rehearing and Rehearing En Banc Denied May 1, 1992.

STONE, Judge.

We reverse the final judgment awarding attorney's fees. It is error to award attorney's fees in the absence of a demand for such fees in the pleadings. Stockman v. Downs, 573 So.2d 835 (Fla. 1991).

Here, at the time the appellant-plaintiff took a voluntary dismissal of its claim, the only defense pleading was an answer that did not contain a...

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