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McELROY v. WHITTINGTON

No. 4D02-3698.

867 So.2d 1241 (2004)

James Wallace McELROY and Progressive Insurance Company, Appellants, v. Alisha WHITTINGTON, by and through her parent and guardian, Petrina Whittington, and Petrina Whittington, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

March 17, 2004.

Attorney(s) appearing for the Case

Christopher N. Bellows and Daniel S. Pearson of Holland & Knight LLP, Miami, for Appellants.

Jane Kreusler-Walsh and Rebecca Mercier-Vargas of Jane Kreusler-Walsh, P.A., West Palm Beach, and Eric Hewko of The Hewko Firm, North Palm Beach, for Appellees.

STEVENSON, J.

Appellants, James Wallace McElroy and Progressive Insurance Company, challenge an order of the circuit court assessing attorney's fees and costs in favor of appellees, Alisha Whittington and her mother, Petrina Whittington, after the Whittingtons prevailed in a personal injury claim against McElroy. Because the proposal for settlement upon which the attorney's fee award was based did not comply with the rule, we reverse.

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