District Court of Appeal of Florida
Smythers v. Nat'l Union Fire Ins. Co. of Pittsburgh, 2D05-1570
In a declaratory judgment action brought by plaintiff on behalf of a company's employee Stock Ownership Plan and Trust and its participants and beneficiaries challenging defendant's entitlement to a share of certain settlement proceeds, a judgment for attorney's fees entered for defendant, the company's former president, is reversed where defendant failed to properly plead a claim for attorney's fees.
Appellate Information
- Decided 06/14/2006
- Published 06/14/2006
Judges
- SILBERMAN, Judge.
Court
- District Court of Appeal of Florida
Counsel
- For Appellant:
- John D. Goldsmith of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, for Appellant.
- For Appellees:
- 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.