Stockman v. Downs

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, with limited exception, “a claim for attorney’s fees, whether based on statute or contract, must be pled”
• holding a prevailing party was precluded from obtaining attorney’s fees by failing to plead fees in an action to enforce a contract that entitled it to fees
• explaining that a “party seeking attorney’s fees pursuant to statute or contract must plead entitlement to such fees” and that proof of those fees “may be presented after final judgment, upon motion within a reasonable time”
• explaining that “it is not improper to adjudicate entitlement to attorney’s fees after resolution of the other claims” because a fee motion “requires consideration of factors distinct from the issues decided on the merits of the cause of action”
• finding mere fact that plaintiff sought attorney's fees under same contractual provision as defendant did not provide plaintiff with sufficient notice that defendant would seek attorney's fees under same provision
• finding the exception to the pleading requirement inapplicable where the “claim for attorney’s fees was not before the court prior to final judgment”

Source: CourtListener parenthetical corpus (CC0).