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R.T.G. FURNITURE CORP. v. COATES

No. 4D11-2399.

93 So.3d 1151 (2012)

R.T.G. FURNITURE CORP. d/b/a Rooms To Go, Appellant, v. Franklin COATES and Lorie A. Coates, Appellees.

District Court of Appeal of Florida, Fourth District.

August 1, 2012.

Attorney(s) appearing for the Case

Scott A. Cole and Kristen A. Tajak of Cole, Scott & Kissane, P.A., Miami, for appellant.

Leonard P. Haberman of Haberman Law, P.A., Boca Raton, for appellees.

TAYLOR, J.

R.T.G. Furniture Corporation ("RTG") appeals a final order denying its motion for entitlement to attorney's fees pursuant to a proposal for settlement. The trial court ruled that RTG's proposal for settlement was one day late under Florida Rule of Civil Procedure 1.442. We reverse and hold that the proposal for settlement was timely served "45 days before" the date set for trial within the meaning of rule 1.442(b). Therefore, the trial court erred in denying...

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