DAVID POTTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID POTTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
664 So. 2d 62
Florida District Court of Appeal, Fifth District (1995)
Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Downs v. State, 616 So. 2d 444 (Fla.1993); State v. Boatwright, 559 So. 2d 210 (Fla.1990); and Murray v. State, 491 So. 2d 1120 (Fla.1986); see also Dolan v. State, 598 So. 2d 291 (Fla. 5th DCA 1992).
PETERSON, C.J. and W. SHARP and THOMPSON, JJ., concur.
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Citator
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State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006)…contract law; it may arise under property law. If the party seeks damages from another party, then the claim is covered by section 768.79’s broad phrase, ‘civil action for damages.’ ” Beyel Bros. Crane & Rigging Co. of S. Fla. v. Ace Transp., Inc., 664 So. 2d 62, 64 (Fla. 4th DCA 1995). Nothing in the offer of judgment statute exempts claims for contractual damages. We have long recognized that, where a statute is free from ambiguity, we must follow its plain meaning. As we have explained, “[w]hen the lang…
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Diamond Aircraft Indus., Inc. v. Horowitch, 107 So. 3d 362 (Fla. 2013)…tion 768.79(1) which states “in any civil action for damages” is applicable to a claim in a civil action in which a party seeks only damages, i.e., monetary relief. See, e.g., Beyel Bros. Crane & Rigging Co. of South Fla., Inc. v. Ace Transp., Inc., 664 So. 2d 62, 64-65 (Fla. 4th DCA 1995). For example, Nelson v. Marine Group of Palm Beach, Inc., 677 So. 2d 998, 999 (Fla. 4th DCA 1996), involved a declaratory action arising from a breach of contract in which an offer of judgment was made. The only matter at…
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Coast TO Coast Real Est., Inc. v. Waterfront Props., Inc., 668 So. 2d 686 (Fla. 4th DCA 1996)…award of more than $18,125, which is 125% of the amount offered by Coast, entitles Coast to the application of the statute and an award of fees and costs against Waterfront. See Beyel Brothers Crane and Rigging Co. of So. Fla., Inc. v. Ace Transp., 664 So. 2d 62 (Fla. 4th DCA 1995); Schmidt v. Fortner, 629 So. 2d 1036 (Fla. 4th DCA 1993). We reverse and remand for an evidentiary hearing to award attorney’s fees as provided in section 768.79, Florida Statutes (1993). REVERSE AND REMAND. GUNTHER, C.J., and…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Murray v. State, 491 So. 2d 1120 (Fla. 1986)
- State v. Boatwright, 559 So. 2d 210 (Fla. 1990)
- Downs v. State, 616 So. 2d 444 (Fla. 1993)
- Dolan v. State, 598 So. 2d 291 (Fla. 5th DCA 1992)