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CALLAWAY v. CITY OF WEST PALM BEACH

No. 95-0049.

674 So.2d 921 (1996)

Donald G. CALLAWAY, Appellant, v. CITY OF WEST PALM BEACH, a municipal corporation, and West Palm Beach Golf Commission, an agency of the City of West Palm Beach, Appellees.

District Court of Appeal of Florida, Fourth District.

June 5, 1996.

Attorney(s) appearing for the Case

James M. Adams of Gibson & Adams, P.A., West Palm Beach, and Marilyn Sher of Chonin, Sher & Navarrete, P.A., Coral Gables, for appellant.

Elizabeth T. McBride, Deputy City Attorney, West Palm Beach, Frank A. Kreidler, Lake Worth, and Alan J. Miller of Miller & Miller, P.A., West Palm Beach, for appellees.

PER CURIAM.

The appellee, successful in its defense, was awarded attorney's fees in consolidated cases. The law governing the lawsuits permitted the successful litigant the award of fees. Although the plaintiff made an appropriate demand, the defendant did not. The failure of the defendant to plead entitlement to attorney's fees precludes the award. Stockman v. Downs, 573 So.2d 835 (Fla. 1991).

Although one of the...

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