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Florida Dept. of Commerce v. Davies, QQ-355 (1980)

Court: District Court of Appeal of Florida Number: QQ-355 Visitors: 15
Judges: Per Curiam
Filed: Feb. 13, 1980
Latest Update: Apr. 06, 2017
Summary: 379 So. 2d 1313 (1980) FLORIDA DEPARTMENT OF COMMERCE, Division of Risk Management, Appellant, v. Joan C. DAVIES, Appellee. No. QQ-355. District Court of Appeal of Florida, First District. February 13, 1980. Thomas F. Woods of Woods, Johnston & Erwin, Tallahassee, for appellant. Jon D. Caminez, Tallahassee, for appellee. PER CURIAM. AFFIRMED. We note that appellee has not filed a separate motion for attorney's fees, but has instead raised the question of appellate fees in her brief as a point on
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379 So. 2d 1313 (1980)

FLORIDA DEPARTMENT OF COMMERCE, Division of Risk Management, Appellant,
v.
Joan C. DAVIES, Appellee.

No. QQ-355.

District Court of Appeal of Florida, First District.

February 13, 1980.

Thomas F. Woods of Woods, Johnston & Erwin, Tallahassee, for appellant.

Jon D. Caminez, Tallahassee, for appellee.

PER CURIAM.

AFFIRMED.

We note that appellee has not filed a separate motion for attorney's fees, but has instead raised the question of appellate fees in her brief as a point on cross appeal. Under our rules, the proper procedure for requesting appellate attorney's fees is to file a separate motion no later than the time for service of the reply brief. Rule 9.400, Fla.R.App.P. In the future, failure to follow this procedure will result in a denial of the fees requested.

MILLS, C.J., and McCORD and BOOTH, JJ., concur.

Source:  CourtListener

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