Florida District Courts of Appeal, 1987

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

Westinghouse Electric Corp. v. Shafer & Miller, Inc.
Florida District Courts of Appeal · Decided August 25, 1987 · Barkdull, Jorgenson, Nesbitt
515 So. 2d 248; 12 Fla. L. Weekly 2066; 1987 Fla. App. LEXIS 10022 (Southern Reporter, Second Series)

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.

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