Association Employers Insurance Co. v. American Excavating & PSI, Inc.

District Court of Appeal of Florida

Association Employers Insurance Co. v. American Excavating & PSI, Inc.

701 So. 2d 110, 1997 Fla. App. LEXIS 11140, 1997 WL 609141

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 1997

DocketNo. 96-3053

StatusPublished

Cited by2 cases

This text of 701 So. 2d 110 (Association Employers Insurance Co. v. American Excavating & PSI, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Association Employers Insurance Co. v. American Excavating & PSI, Inc., 701 So. 2d 110, 1997 Fla. App. LEXIS 11140, 1997 WL 609141 (Fla. Ct. App. 1997).

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Opinion

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.

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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.

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701 So. 2d 110, 1997 Fla. App. LEXIS 11140, 1997 WL 609141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/association-employers-insurance-co-v-american-excavating-psi-inc-fladistctapp-1997.

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