Melissa Woodman, et al. v. Brickell Mar, LLC

Third District Court of Appeal
State of Florida
Opinion filed December 31, 2025.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0470
Lower Tribunal No. 22-14075-SP-25
________________
Melissa Woodman, et al.,
Appellants,
vs.
Brickell Mar, LLC,
Appellee.
An Appeal from the County Court for Miami-Dade County, Jacqueline
Woodward, Judge.
Kula & Associates, P.A., and Elliot B. Kula and William D. Mueller, for
appellants.
Welbaum Guernsey, and Robert J. Black, for appellee.
Before LOGUE, GORDO and BOKOR, JJ.
GORDO, J.

2
Melissa Woodman and Timothy Enriquez (“Appellants”) appeal the trial
court’s denial of their motion for attorney’s fees and costs following Brickell
Mar, LLC’s, (“Brickell Mar”) voluntary dismissal of its claim in the Small
Claims Division against the Appellants. We have jurisdiction. Fla. R. App.
P. 9.030(b)(1)(A). We reverse and remand.
The trial court in this case applied Stockman v. Downs, 573 So. 2d 835,
837–838 (Fla. 1991), and determined the Appellants failed to properly place
Brickell Mar on notice of the intent to claim attorney’s fees. This case is
instead controlled by Green v. Sun Harbor Homeowners’ Ass’n, 730 So. 2d
1261 (Fla. 1998) and French Vill. Condo. Ass’n., Inc. v. Flynn, 403 So. 3d
854 (Fla. 4th DCA 2025).
“This case presents a situation different from that in Stockman.”
Green, 730 So. 2d at 1262. “In Stockman, there had been a responsive
pleading (an answer) and also a trial before the defendant moved for attorney
fees.” Id. “In this case, there had been only a complaint and a motion to
dismiss before the defendant moved for attorney fees.” Id. “This case had
not proceeded to the point at which the defendant was required to answer.”
Id. “A motion to dismiss is not a pleading.” Id. at 1263. “[T]he failure to set
forth a claim for attorney fees in a motion does not constitute a waiver.” Id.
“[W]e require that a defendant’s claim for attorney fees is to be made either

3
in the defendant’s motion to dismiss or by a separate motion which must be
filed within thirty days following a dismissal of the action.” Green, 730 So. 2d
at 1263; French Vill. Condo. Ass’n., Inc., 403 So. 3d at 856. Because the
Appellants were not required to file a responsive pleading and they properly
advanced their claim for attorney’s fees within thirty days of the final
judgment, we reverse the trial court’s decision and remand for further
proceedings.
Reversed and remanded.