Westinghouse Electric Corp. v. Shafer & Miller, Inc.

Florida District Courts of Appeal
Westinghouse Electric Corp. v. Shafer & Miller, Inc., 515 So. 2d 248 (1987)
12 Fla. L. Weekly 2066; 1987 Fla. App. LEXIS 10022
Barkdull, Jorgenson, Nesbitt

Westinghouse Electric Corp. v. Shafer & Miller, Inc.

Opinion of the Court

PER CURIAM.

The trial court, having determined that Shafer & Miller, Inc. had tendered an offer of settlement to Westinghouse Electric Corporation in an amount greater than the verdict subsequently returned by a jury, correctly held that Westinghouse was not entitled to attorney’s fees as a prevailing party under section 627.428, Florida Statutes (1985). See Greenough v. Aetna Casualty & Sur. Co., 449 So.2d 1001 (Fla. 4th DCA 1984); cf. C.U. Assocs., Inc. v. R.B. Grove, Inc., 472 So.2d 1177 (Fla. 1985) (construing section 713.29, Florida Statutes (1981)). As the remaining points presented do not merit discussion, the judgment under review is affirmed.

Reference

Full Case Name
WESTINGHOUSE ELECTRIC CORPORATION v. SHAFER & MILLER, INC. and American Home Assurance Company
Cited By
4 cases
Status
Published