MILLS v. MARTINEZ

No. 5D04-2877.

909 So.2d 340 (2005)

Paula MILLS, Appellant, v. Emanuel MARTINEZ, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 2, 2005.


Attorney(s) appearing for the Case

Glenn K. Allen, of Glenn K. Allen, P.A., Jacksonville, for Appellant.

Steven J. Guardiano, Daytona Beach, for Appellee.


ORFINGER, J.

Paula Mills appeals the trial court's order denying her request for attorney's fees based on a finding that her proposal of settlement was filed prematurely with the court contrary to section 768.79(3), Florida Statutes (2004), and Florida Rule of Civil Procedure 1.442(d). For the reasons discussed hereafter, we reverse.

After obtaining a favorable verdict in her breach of contract action against Emanuel Martinez, Mills filed a post-trial motion...

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