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CARDILLO v. QUALSURE INS. CORP.

No. 4D06-4422.

974 So.2d 1174 (2008)

Michael J. CARDILLO, Appellant, v. QUALSURE INSURANCE CORPORATION and James F. Simon, Appellees.

District Court of Appeal of Florida, Fourth District.

February 20, 2008.

Attorney(s) appearing for the Case

Richard A. Sherman, Sr. of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, for appellant.

Anna D. Torres and Nancy I. Stein-McCarthy of Powers, McNalis, Torres & Teebagy, West Palm Beach, for Appellee-Qualsure Insurance Corporation.

ON MOTION FOR REHEARING

STONE, J.

We deny Cardillo's motion for rehearing, but withdraw our opinion of November 21, 2007 and substitute the following:

Affirmed. The trial court correctly concluded that Cardillo's motion for attorney's fees was untimely. The trial court's December 1st order was a declaratory judgment that entitled Cardillo to attorney's fees and triggered the thirty-day time limitation in rule 1.525 for serving a motion for...

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