Hellmann v. City of Orlando

District Court of Appeal of Florida

Hellmann v. City of Orlando

634 So. 2d 245, 1994 Fla. App. LEXIS 2672, 1994 WL 94198

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 1994

DocketNo. 93-2042

StatusPublished

Cited by6 cases

This text of 634 So. 2d 245 (Hellmann v. City of Orlando) 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.

Bluebook

Hellmann v. City of Orlando, 634 So. 2d 245, 1994 Fla. App. LEXIS 2672, 1994 WL 94198 (Fla. Ct. App. 1994).

Pincite

Opinion

DAUKSCH, Judge.

This is an appeal from an order awarding attorney’s fees in a case where an offer of judgment was made, rejected, and the statutory attorney’s fees became available. § 768.79, Fla.Stat.

When the appellant, plaintiff below, offered to settle his case he did so in accordance with the statute. When the defendant city rejected his offer it put itself in jeopardy of having to pay attorney fees if the ultimate judgment was at least 25% greater than the offer. That is what occurred here.

But the court did not give a full award of attorney’s fees, it limited the amount to 25% of the judgment because the sovereign immunity waiver statute says that is the limit. § 768.28(8), Fla.Stat.

Because the government controls absolutely how much it will pay in tort claim cases, we are bound by the statute limiting the award of attorney’s fees. Appellant’s remedy is in the legislature, not the courts.

AFFIRMED.

W. SHARP and THOMPSON, JJ., concur.

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