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STOLPER, LLC v. JEFFER

No. 4D05-3230.

971 So.2d 279 (2008)

STOLPER, LLC, Appellant, v. Herman JEFFER, Appellee.

District Court of Appeal of Florida, Fourth District.

January 9, 2008.

Attorney(s) appearing for the Case

Eric C. Christu and Edward J. Welch of Elk, Bankier, Christu & Bakst LLP, West Palm Beach, for appellant.

Herman Jeffer, Tequesta, pro se.

POLEN, J.

Appellant Stolper, LLC timely appeals the trial court's order denying its motion for attorney's fees. We reverse.

Appellee Herman Jeffer filed a complaint against Stolper for collection of a promissory note. The complaint was voluntarily dismissed before an answer was filed by Stolper, but after the answer was due. Stolper filed a motion for attorney's fees and costs within 30 days after the dismissal.

In Stockman v. Downs,

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