Cooper v. Marriott International
16 So. 3d 156 (Fla. 4th DCA 2009) (July)
A plaintiff filed a personal injury case that was sent to binding arbitration. The plaintiff was awarded $7,500 at arbitration, but filed for a trial de novo. At trial, the defense prevailed. After the final judgment was entered, the defense moved to collect fees and costs from the plaintiff. The plaintiff, however, moved to strike this motion because the defense did not seek such fees and costs before the final judgment was entered. The trial court found for the defendants and ordered the plaintiff to pay fees and costs. The district court affirmed holding that, although the failure to plead for fees and costs before final judgment is a bar when such costs existed from the outset of the case, there is an exception when those costs arise during the trial. Because the fees and costs in this case arose late in the process, making it difficult for the defendants to know what to plead for, this case met the exception.