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SMYTHERS v. NATIONAL UNION FIRE INS. CO.

No. 2D05-1570.

931 So.2d 227 (2006)

David SMYTHERS, on behalf of the DATACARE EMPLOYEE STOCK OWNERSHIP PLAN AND TRUST and its participants and beneficiaries, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, and C. David Kirk, Appellees.

District Court of Appeal of Florida, Second District.

June 14, 2006.

Attorney(s) appearing for the Case

John D. Goldsmith of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, for Appellant.

Charles W. Pittman of Macfarlane, Ferguson & McMullen, Tampa, for Appellee C. David Kirk.

No appearance for Appellee National Union Fire Insurance Company of Pittsburgh, Pennsylvania.

SILBERMAN, Judge.

Appellant David Smythers, on behalf of the Datacare Employee Stock Ownership Plan and Trust and its participants and beneficiaries (Smythers), challenges a final judgment for attorney's fees entered in favor of Appellee C. David Kirk, former president of Datacare, Inc. Because Kirk failed to properly plead a claim for attorney's fees, we reverse the trial court's finding that he was entitled to recover fees and the final judgment awarding attorney...

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