JACK D. WALLEN, DANIEL B. WALLEN, AND BAMBI WALLEN, APPELLANTS,

v.

JEROME ISAAC, M.D., AND JEROME ISAAC, M.D., P.A., APPELLEES

Citator

Cited By

• Timmons v. Combs, 608 So. 2d 1 (Fla. 1992)
  …attorney’s fees by the defendant under section 45.061 because a judgment was entered for the defendant rather than the plaintiff. Norris & Associates of Naples, Inc. v. Elkins, 570 So. 2d 1386 (Fla. 2d DCA 1990); Coe v. B & D Transp. Services, Inc., 561 So. 2d 469 (Fla. 2d DCA 1990). On the other hand, the Third District Court of Appeal in Memorial Sales, Inc., 579 So. 2d 778, and the Fourth District Court of Appeal in Gross, 591 So. 2d 311, have permitted the defendant to recover costs and attorney’s fees un…
• Winn Dixie Stores, Inc. v. Elbert, 590 So. 2d 15 (Fla. 4th DCA 1991)
  …is at least 25 percent less than the offer rejected. It has been held that prior to an award of attorney’s fees in a situation such as the case here, there must be a judgment rendered in favor of the plaintiff. See Coe v. B & D Transp. Serv., Inc., 561 So. 2d 469 (Fla. 2d DCA 1990). Appellant, however, argues that a verdict awarding appellee nothing is certainly 25 percent less than the offer, thus activating the applicable portion of either statute. It would appear that appellant’s position is well founded…
• Brodose v. The Sch. Bd. OF Pinellas Cnty., 622 So. 2d 513 (Fla. 2d DCA 1993)
  …an award of attorney’s fees in such circumstances and, in fact, was being interpreted by this court as a prohibition to the entry of such an award. Westover v. Allstate Ins. Co., 581 So. 2d 988 (Fla. 2d DCA 1991); Coe v. B & D Transp. Servs., Inc., 561 So. 2d 469 (Fla. 2d DCA 1990); Gunn v. DePaoli, 562 So. 2d 427 (Fla. 2d DCA 1990). Similarly, although section 45.061 has been repealed as to causes of action accruing after October 1, 1990, and the supreme court, in Timmons v. Combs, 608 So. 2d 1 (Fla.1992),…

Authorities Cited

• Temples v. Fla. Indus. Constr. Co., Inc., 310 So. 2d 326 (Fla. 2d DCA 1975)