Ostrich America Corp. v. Broward Water Consultants, Inc.

District Court of Appeal of Florida

Ostrich America Corp. v. Broward Water Consultants, Inc.

829 So. 2d 385, 2002 Fla. App. LEXIS 16106, 2002 WL 31465757

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 2002

DocketNo. 4D01-4195

StatusPublished

This text of 829 So. 2d 385 (Ostrich America Corp. v. Broward Water Consultants, 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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Ostrich America Corp. v. Broward Water Consultants, Inc., 829 So. 2d 385, 2002 Fla. App. LEXIS 16106, 2002 WL 31465757 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

We find no abuse of discretion in the trial judge’s order striking appellant’s pleadings and entering judgment in favor of appellees. We reverse the orders on the cross-appeal. As the parties “recovering judgment,” appellees were entitled to costs pursuant to section 57.041(1), Florida Statutes (2001). Also, appellees are entitled to an award of attorney’s fees under section 768.79(1), Florida Statutes (1994), unless the court determines that their offer of judgment was not made in good faith pursuant to section 768.79(7)(a) and the court exercises its discretion to “disallow an award of costs and attorney’s fees.”

Affirmed in part, reversed in part, and remanded.

STONE, WARNER and GROSS, JJ„ concur.

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PER CURIAM.

We find no abuse of discretion in the trial judge’s order striking appellant’s pleadings and entering judgment in favor of appellees. We reverse the orders on the cross-appeal. As the parties “recovering judgment,” appellees were entitled to costs pursuant to section 57.041(1), Florida Statutes (2001). Also, appellees are entitled to an award of attorney’s fees under section 768.79(1), Florida Statutes (1994), unless the court determines that their offer of judgment was not made in good faith pursuant to section 768.79(7)(a) and the court exercises its discretion to “disallow an award of costs and attorney’s fees.”

Affirmed in part, reversed in part, and remanded.

STONE, WARNER and GROSS, JJ„ concur.

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829 So. 2d 385, 2002 Fla. App. LEXIS 16106, 2002 WL 31465757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ostrich-america-corp-v-broward-water-consultants-inc-fladistctapp-2002.