Florida Dept. of Commerce v. Davies

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.