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SHOPPES OF LIBERTY CITY, LLC v. SOTOLONGO

No. 3D05-1714.

932 So.2d 468 (2006)

SHOPPES OF LIBERTY CITY, LLC, Appellant, v. Adolfo SOTOLONGO and Dahyanna Sotolongo, Appellees.

District Court of Appeal of Florida, Third District.

June 7, 2006.

Attorney(s) appearing for the Case

Roland Gomez, Miami Lakes, and Ronnie Guillen, for appellant.

Hunter, Williams & Lynch, Coral Gables, and Christopher Lynch for appellees.

Before LEVY and GREEN, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

A defendant in a personal injury action appeals from an order denying its application for attorney's fees and costs pursuant to unaccepted proposals for settlement under section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442. Although it is not disputed that the circumstances otherwise entitled the appellant to these fees,1 the trial judge ruled that the proposals for settlement served on October...

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