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FLORIDA DEPARTMENT OF COMMERCE, DIVISION OF RISK MANAGEMENT, APPELLANT, v. JOAN C. DAVIES, 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.

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FLORIDA DEPT. OF COMMERCE v. DAVIES
(Feb 13, 1980)