ROBERT J. CROUCH, APPELLANT,
v.
PUBLIC SERVICE COMMISSION, STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges an order by which the trial court awarded attorney’s fees to the appellee under section 768.79, Florida Statutes, the offer of judgment statute. The trial court’s order was entered subsequent to this court and the Florida Supreme Court awarding appellate attorney’s fees to the appellee based on an offer of judgment after establishing that the appellant was not entitled to relief under sections 112.3187-112.31895, Florida Statutes, the Whistle-blower’s Act. Crouch v. Public Serv. Comm’n, 913 So. 2d 111 (Fla. 1st DCA 2005), rev. denied 933 So. 2d 520 (Fla.2006). The appellant argues that the offer of judgment statute does not apply in whistle-blower actions. However, as applicability has been determined through the law of the case doctrine, we affirm. See Specialty Restaurants Corp. v. Elliott, 924 So. 2d 834 (Fla. 2d DCA 2005). Further, this court declines to address the manifest injustice exception to the doctrine because applica bility of the offer of judgment statute was established by a higher appellate court during the original appeal on the merits.
Affirmed.
BARFIELD, ALLEN, and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Langer v. Walton, 93 So. 3d 1069 (Fla. 4th DCA 2012)…to that issue and, controls as to the fees awarded in the instant case. Accordingly, the order granting Silva fees and costs is reversed. Id. at 172 (emphasis added) (internal citations omitted); see also Crouch v. Pub. Serv. Comm’n, State of Fla., 993 So. 2d 148, 148 (Fla. 1st DCA 2008) (holding that an appellate court’s award of appellate fees under an offer of judgment statute during an original appeal on the merits became law of the case prohibiting a party from arguing that the offer of judgment statute…
Authorities Cited
- Specialty Rests. Corp. v. Elliott, 924 So. 2d 834 (Fla. 2d DCA 2005)
- Crouch v. Pub. Serv. Comm'n, 913 So. 2d 111 (Fla. 1st DCA 2005)