MURRAY PODHURST, APPELLANT,

v.

ALLSTATE INSURANCE COMPANY, APPELLEE

Citator

Cited By

• Marie-Eve Kroener and Kent Kroener v. Fla. Ins. Guar. Ass'n (Figa) as successor in interest to Atl. Preferred Ins. Co., Inc., 63 So. 3d 914 (Fla. 4th DCA 2011)
  …t. . Kennard v. Forcht, 495 So. 2d 924 (Fla. 4th DCA 1986) (prohibiting plaintiff from accepting offer, where plaintiff received the offer prior to trial but waited until trial was essentially complete to attempt to accept it); Braham v. Carncross, 514 So. 2d 71 (Fla. 2d DCA 1987) (refusing to allow acceptance of offer after jury verdict rendered); O'Brien v. Russell, 698 So. 2d 642 (Fla. 3d DCA 1997) (rejecting plaintiff's contention that because section 768.79, Florida Statutes, allows him a full thirty d…
• Hanzelik v. Grottoli & Hudon Inv. OF Am., Inc., 687 So. 2d 1363 (Fla. 4th DCA 1997)
  …; McKibben v. Mallory, 293 So. 2d 48, 51 (Fla.1974). Accordingly, we agree that a party may not accept an offer of judgment after trial has commenced. See Kennard; City of Largo v. Barker, 538 So. 2d 556, 557 (Fla. 2d DCA 1989); Braham v. Carncross, 514 So. 2d 71 (Fla. 2d DCA 1987). While we affirm the trial court’s determination that Hanzelik’s acceptance of the offer of judgment was untimely, we must reverse its award of attorney’s fees to Grot-toli & Hudon. We find that Grottoli & Hu-don’s offer of judgm…
• O'Brien v. Russell, 698 So. 2d 642 (Fla. 3d DCA 1997)
  …3, 1366 (Fla. 4th DCA) (noting that statutes are not to be interpreted “so as to yield an absurd result” and that a party cannot accept an offer of judgment once the trial has commenced), review denied, 697 So. 2d 510 (Fla.1997); Braham v. Camcross, 514 So. 2d 71, 73 (Fla. 2d DCA 1987) (explaining that to allow a party to accept an offer “contrary to the verdict rendered by the jury would totally defeat the ends of justice and allow a mockery of the judicial system”). O’Brien’s other issue, that the verdic…

Authorities Cited

• Holloway v. State Farm Mut. Auto. Ins. Co., 370 So. 2d 452 (Fla. 4th DCA 1979)