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GILBERT v. K-MART CORP.

No. 93-657.

664 So.2d 335 (1995)

Bessie GILBERT, Appellant, v. K-MART CORPORATION, Appellee.

District Court of Appeal of Florida, First District.

December 14, 1995.

Attorney(s) appearing for the Case

Bessie Gilbert, pro se, for Appellant.

Stephen B. Shell and John E. Wimberly, Jr., of Shell, Fleming, Davis & Menge, Pensacola, for Appellee.

ZEHMER, Chief Judge.

Bessie Gilbert appeals the trial court's order denying her motion for attorney's fees filed pursuant to section 45.061(2), Florida Statutes (1987). Because we conclude that the trial court erred in denying Appellant's claim for attorney's fees on the basis that the motion was untimely filed, we reverse.

Appellant instituted a personal injury action to recover damages for injuries allegedly sustained at one of the retail stores operated...

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