Quest Air South, Inc. v. Weisman

District Court of Appeal of Florida

Quest Air South, Inc. v. Weisman

724 So. 2d 677, 1999 Fla. App. LEXIS 332, 1999 WL 17829

CourtDistrict Court of Appeal of Florida

DecidedJanuary 20, 1999

DocketNo. 97-3412

StatusPublished

This text of 724 So. 2d 677 (Quest Air South, Inc. v. Weisman) 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

Quest Air South, Inc. v. Weisman, 724 So. 2d 677, 1999 Fla. App. LEXIS 332, 1999 WL 17829 (Fla. Ct. App. 1999).

Pincite

Opinion

FARMER, J.

The principal issue on this appeal is whether defendant is entitled to attorney’s fees under section 768.79 Fla. Stat. (1997). Defendant was the prevailing party and had previously served an offer of judgment in the amount of $50, which plaintiff rejected. In opposing fees the plaintiff argued that such a nominal offer was prima facie in bad faith. The trial court appears to have accepted that argument, for there is no other evidence of bad faith in this record. We reverse.

In our recent decision in Fox v. McCaw Cellular Communications of Fla., 23 Fla. L. Weekly D2687 (Fla. 4th DCA Dec.9, 1998), we held that nominal offers are not prima facie evidence of bad faith and that the offer-ee has the burden of proving that the offer was not made in good faith by evidence reasonably tending to show that fact. The trial judge in this case did not have the benefit of our opinion in Fox, which was released while this case was on appeal. We therefore remand for reconsideration in light of Fox.

STEVENSON J., and KROLL, KATHLEEN J., Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

FARMER, J.

The principal issue on this appeal is whether defendant is entitled to attorney’s fees under section 768.79 Fla. Stat. (1997). Defendant was the prevailing party and had previously served an offer of judgment in the amount of $50, which plaintiff rejected. In opposing fees the plaintiff argued that such a nominal offer was prima facie in bad faith. The trial court appears to have accepted that argument, for there is no other evidence of bad faith in this record. We reverse.

In our recent decision in Fox v. McCaw Cellular Communications of Fla., 23 Fla. L. Weekly D2687 (Fla. 4th DCA Dec.9, 1998), we held that nominal offers are not prima facie evidence of bad faith and that the offer-ee has the burden of proving that the offer was not made in good faith by evidence reasonably tending to show that fact. The trial judge in this case did not have the benefit of our opinion in Fox, which was released while this case was on appeal. We therefore remand for reconsideration in light of Fox.

STEVENSON J., and KROLL, KATHLEEN J., Associate Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

724 So. 2d 677, 1999 Fla. App. LEXIS 332, 1999 WL 17829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quest-air-south-inc-v-weisman-fladistctapp-1999.