Florida Dept. of Commerce v. Davies

379 So. 2d 1313

Opinion

379 So.2d 1313 (1980)

FLORIDA DEPARTMENT OF COMMERCE, Division of Risk Management, Appellant,
v.
Joan C. DAVIES, Appellee.

No. QQ-355.

District Court of Appeal of Florida, First District.

February 13, 1980.

Thomas F. Woods of Woods, Johnston & Erwin, Tallahassee, for appellant.

Jon D. Caminez, Tallahassee, for appellee.

PER CURIAM.

AFFIRMED.

We note that appellee has not filed a separate motion for attorney's fees, but has instead raised the question of appellate fees in her brief as a point on cross appeal. Under our rules, the proper procedure for requesting appellate attorney's fees is to file a separate motion no later than the time for service of the reply brief. Rule 9.400, Fla.R.App.P. In the future, failure to follow this procedure will result in a denial of the fees requested.

MILLS, C.J., and McCORD and BOOTH, JJ., concur.