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DIAZ v. BOWEN

No. 2D01-4356.

832 So.2d 200 (2002)

Miguel DIAZ and Cindy Diaz, Appellants, v. Grace M. BOWEN; William H. Boykin; Exchange Realty, Inc., a Florida corporation; Joann Warren; Michael E. Norris; Dee Norris; and Brokers Realty of Central Florida, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

December 4, 2002.

Attorney(s) appearing for the Case

R. James Platt, Lakeland, for Appellants.

Robin H. Stevenson, Winter Haven, for Appellee Grace M. Bowen.

ALTENBERND, Judge.

Miguel and Cindy Diaz appeal an order awarding attorneys' fees and costs in favor of the defendant, Grace M. Bowen. We reverse the order because Ms. Bowen did not file a timely motion for fees and costs pursuant to Florida Rule of Civil Procedure 1.525.

The Diazes purchased a house from Ms. Bowen in 1997. Soon thereafter, they discovered a sinkhole. In September 1998, the Diazes sued Ms. Bowen...

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