State, Department of Corrections v. C & W Food Service, Inc.

District Court of Appeal of Florida

State, Department of Corrections v. C & W Food Service, Inc.

767 So. 2d 1262, 2000 Fla. App. LEXIS 12268, 2000 WL 1369885

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 2000

DocketNo. 1D99-4160

StatusPublished

This text of 767 So. 2d 1262 (State, Department of Corrections v. C & W Food Service, 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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State, Department of Corrections v. C & W Food Service, Inc., 767 So. 2d 1262, 2000 Fla. App. LEXIS 12268, 2000 WL 1369885 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

The Department of Corrections appeals from an order awarding attorney’s fees to appellee below. We reverse.

The trial court below entered final summary judgment in favor of appellee C & W Food Service, Inc., and awarded damages for lost profits in the action for breach of contract. The Department appealed that order (C & W I) to this court. Because of DOC’s rejection of its previous offer of settlement and the damages awarded by the trial court, C & W sought attorney’s fees pursuant to Fla. R. Civ. P. 1.442 and section 768.79, Florida Statutes. Finding that the damage award exceeded the settlement proposal by at least 25 percent, the trial court entered an order awarding C & W attorney’s fees. The Department then separately appealed that order, which is before us in the instant ease (C & W II).

This court recently issued an opinion in C & W I in which we reversed the final summary judgment’s award of damages. See 765 So.2d 728 (Fla. 1st DCA 2000). Mandate in that case issued on August 25, 2000. Accordingly, the basis for the award of attorney’s fees to C & W below no longer exists, and we reverse the trial court’s order here appealed.

BOOTH, MINER and VAN NORTWICK, JJ., CONCUR.

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PER CURIAM.

The Department of Corrections appeals from an order awarding attorney’s fees to appellee below. We reverse.

The trial court below entered final summary judgment in favor of appellee C & W Food Service, Inc., and awarded damages for lost profits in the action for breach of contract. The Department appealed that order (C & W I) to this court. Because of DOC’s rejection of its previous offer of settlement and the damages awarded by the trial court, C & W sought attorney’s fees pursuant to Fla. R. Civ. P. 1.442 and section 768.79, Florida Statutes. Finding that the damage award exceeded the settlement proposal by at least 25 percent, the trial court entered an order awarding C & W attorney’s fees. The Department then separately appealed that order, which is before us in the instant ease (C & W II).

This court recently issued an opinion in C & W I in which we reversed the final summary judgment’s award of damages. See 765 So.2d 728 (Fla. 1st DCA 2000). Mandate in that case issued on August 25, 2000. Accordingly, the basis for the award of attorney’s fees to C & W below no longer exists, and we reverse the trial court’s order here appealed.

BOOTH, MINER and VAN NORTWICK, JJ., CONCUR.

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Bluebook (online)

767 So. 2d 1262, 2000 Fla. App. LEXIS 12268, 2000 WL 1369885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-corrections-v-c-w-food-service-inc-fladistctapp-2000.

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