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CARTER v. LAKE COUNTY

No. 5D02-2205.

840 So.2d 1153 (2003)

Daryl M. CARTER, etc., Appellant, v. LAKE COUNTY, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

March 28, 2003.

Attorney(s) appearing for the Case

M. Bradley Luczak of Sobering, White & Luczak, P.A., Winter Park, for Appellant.

Melanie N. Marsh, Lake County Attorney's Office, Tavares, for Appellee Lake County.

No Appearance for Appellees CSX and Robert McKee.

SAWAYA, J.

Daryl Carter appeals the denial of his motion for attorney's fees. The trial court denied the motion because, contrary to the requirement of Florida Rule of Civil Procedure 1.525, the motion was served on Lake County more than thirty days after Lake County served its notice of voluntary dismissal on Carter. Carter argues that the notice served on him was actually a notice of dropping a party under Florida Rule of Civil Procedure 1.250, which does not contain...

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