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GAMMIE v. STATE FARM MUT. AUTO. INS. CO.

No. 98-1008.

720 So.2d 1163 (1998)

Laurel L. GAMMIE, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

November 25, 1998.

Attorney(s) appearing for the Case

Feinstein & Sorota and Alan M. Sorota, Miami, for appellant.

Stephen C. Shenkman, Miami, for appellee.

Before COPE, GREEN and FLETCHER, JJ.

FLETCHER, J.

Laurel L. Gammie, the defendant in a subrogation case filed by State Farm Mutual Automobile Insurance Company [State Farm], appeals the denial of her motion for attorney's fees pursuant to section 768.79, Florida Statutes (1991). Gammie filed her motion for fees after State Farm voluntarily dismissed without prejudice its complaint against her without accepting the offer of judgment she submitted in the case. Although the voluntary dismissal was taken...

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