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TAMPA LETTER CARRIERS, INC. v. MACK

No. 93-04342.

649 So.2d 890 (1995)

TAMPA LETTER CARRIERS, INC., a Florida Non-Profit Corporation, Appellant, v. Carrie MACK, Appellee.

District Court of Appeal of Florida, Second District.

January 25, 1995.

Attorney(s) appearing for the Case

Christopher J. Nicholas of Butler, Burnette & Pappas, Tampa, for appellant.

William W. Chastain and Paul S. Kinsey of Trapp and Chastain, Tampa, for appellee.

CAMPBELL, Judge.

Appellant, Tampa Letter Carriers, Inc., challenges the order denying its motion for attorney's fees under sections 57.105 and 768.79, Florida Statutes (1993). The trial judge never reached the merits of the attorney fee issue because he found that appellant had not raised it in its responsive pleadings as it should have done, but raised it instead by motion filed after appellee, Carrie Mack, filed a notice of voluntary dismissal without prejudice...

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