Kendall Village, Inc. v. U.S. Development, Ltd. ex rel. U.S. Development Corp.
This text of 843 So. 2d 365 (Kendall Village, Inc. v. U.S. Development, Ltd. ex rel. U.S. Development Corp.) 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.
Opinion
A review of the record indicates that the plaintiff, U.S. Development, Ltd., by and through its general partner U.S. Development Corp., did not meet its burden of establishing that the offer of judgment made by Jeffrey Berkowitz pursuant to section 768.79, Florida Statutes (2001), was not made in good faith. See Donohoe v. Starmed Staffing, Inc., 743 So.2d 623, 624 (Fla. 2d DCA 1999); Pacer Tech. v. Lee Pharms., Inc., 737 So.2d 1238 (Fla. 3d DCA 1999). As such, the trial court abused its discretion by denying Berkow-itz’s motion for attorney’s fees. This cause is remanded with directions to award attorney’s fees to Berkowitz.
Reversed and remanded with directions.
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Cite This Page — Counsel Stack
843 So. 2d 365, 2003 Fla. App. LEXIS 6155, 2003 WL 1969104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendall-village-inc-v-us-development-ltd-ex-rel-us-development-fladistctapp-2003.