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SAVE ON CLEANERS OF PEMBROKE v. VERDE PINES

No. 4D08-2897.

14 So.3d 295 (2009)

SAVE ON CLEANERS OF PEMBROKE II INC., Appellant, v. VERDE PINES CITY CENTER PLAZA LLC, Appellee.

District Court of Appeal of Florida, Fourth District.

August 12, 2009.

Attorney(s) appearing for the Case

Justin R. Parafinczuk of Koch & Trushin, P.A., Fort Lauderdale, for appellants.

Duncan J. Farmer and Alan M. Burger of McDonald Hopkins, LLC., West Palm Beach, for appellee.

FARMER, J.

A landlord sued a tenant for breach of a commercial lease. The lease provided for attorneys fees to the prevailing party. The tenant did not claim such fees in a pleading.1 Before trial tenant filed several documents claiming attorneys fees as the putative prevailing party. We find that in this case its failure to formally plead fees was not fatal.

The record shows that 10 days after the commencement of the action tenant...

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