ASSOCIATION EMPLOYERS INSURANCE COMPANY, ETC., APPELLANT,
v.
AMERICAN EXCAVATING AND PSI, INC., A/K/A JAMMAL AND ASSOCIATES, APPELLEES
GOSHORN, Judge.
Association Employers Insurance Company appeals the judgments for attorney’s fees and costs entered against it in favor of appel-lees American Excavating and PSI, Inc. under section 768.79, Florida Statutes, which provides for attorney’s fees in certain eases where an offer of judgment is not accepted. At the time the trial court entered its judgment, it did not have the benefit of the supreme court’s opinion in MX Investments, Inc. v. Crawford, 700 So. 2d 640 (Fla.1997), which clarifies that no entitlement to attorney’s fees arises under section 768.79 unless the ease is dismissed with prejudice. Accordingly, we reverse.
REVERSED and REMANDED.
COBB and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
-
Whelan v. Whelan, 736 So. 2d 732 (Fla. 4th DCA 1999)…of Christopher and Debra Whelan, and the parties have not agreed to a statement of the evidence or proceedings. Absent a trial transcript, this court may reverse only if an error of law appears on the face of the final judgment. Compton v. Compton, 701 So. 2d 110, 112 (Fla. 5th DCA 1997). The former husband’s first point on appeal alleges error in the trial court’s failure to clearly identify and value marital and non-marital assets in the final judgment, and its unequal distribution of marital assets and l…
-
Lidsky Vaccaro & Montes, P.A. v. Morejon, 813 So. 2d 146 (Fla. 3d DCA 2002)…transcript of the hearing, it could not reverse the trial court’s determination of the amount of such fees and costs unless error appeared on the face of the order itself. See Prymus v. Prymus, 753 So. 2d 742 (Fla. 3d DCA 2000); Compton v. Compton, 701 So. 2d 110, 112 (Fla. 5th DCA 1997). The court then concluded that error did not appear on the face of the order and therefore dismissed the appeal of this order. The firm contends that the circuit court panel’s dismissal of Fortune’s appeal on this ground wa…
-
Poling v. Palm Coast Abstract & Title, Inc., 882 So. 2d 483 (Fla. 5th DCA 2004)…that demonstrates error. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979); Roach v. Unemployment Appeals Com’n., 873 So. 2d 617 (Fla. 5th DCA 2004); Powers v. Powers, 831 So. 2d 724 (Fla. 5th DCA 2002); Compton v. Compton, 701 So. 2d 110 (Fla. 5th DCA 1997). In the absence of a transcript, the trial court’s factual findings are presumed correct. Applegate, 377 So. 2d at 1152; Squires v. Darling, 834 So. 2d 278 (Fla. 5th DCA 2002). The exception is that an appellate court can reverse…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Almeida, 700 So. 2d 640 (Fla. 1997)