BUYERS BROKER REALTY OF MARCO ISLAND, INC., APPELLANT,
v.
MARCO BEACH ENTERPRISES, INC., APPELLEE

Fla. 2d DCA | 1989-02-24
No. 88-1066
RYDER, A.C.J., and LEHAN and PARKER, JJ., concur.
538 So. 2d 556 Florida District Court of Appeal, Second District (1989) Positive Treatment
Cited by 1 case

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Synopsis

The appellate court affirmed the trial court's judgment for the seller, finding an enforceable oral agreement for the reconveyance of a 20-foot strip of land and denying the buyers' slander of title claim.


Holding

The court held that the trial court did not err in finding an enforceable oral agreement for the reconveyance of the 20-foot strip and in denying the buyers' slander of title claim.


Facts & Procedural History

Buyers purchased two parcels of land from the seller. The seller claimed an oral agreement for the reconveyance of a 20-foot strip, which the buyers d…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the final judgment for damages. However, we conclude, as appellee concedes, that the award of attorney’s fees pursuant to section 57.105, Florida Statutes (1987), was erroneous. See Brinson v. Creative Aluminum Products, Inc., 519 So. 2d 59, 60 (Fla. 2d DCA 1988).

AFFIRMED IN PART; REVERSED IN PART.

RYDER, A.C.J., and LEHAN and PARKER, JJ., concur.


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  • Hanzelik v. Grottoli & Hudon Inv. OF Am., Inc., 687 So. 2d 1363 (Fla. 4th DCA 1997)
    …. Lloyd’s and Cos. of Lloyd’s, 439 So. 2d 217, 218 (Fla.1983); 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-t…

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