Florida District Courts of Appeal, 1995

Hamilton v. Royal Caribbean Cruises, Ltd.

Hamilton v. Royal Caribbean Cruises, Ltd.
Florida District Courts of Appeal · Decided July 19, 1995 · Baskin, Levy, Schwartz
660 So. 2d 729; 1995 Fla. App. LEXIS 7751; 1995 WL 421910 (Southern Reporter, Second Series)

Hamilton v. Royal Caribbean Cruises, Ltd.

Opinion of the Court

SCHWARTZ, Chief Judge.

The trial judge ordered enforcement of a “settlement agreement” under section 768.79, Florida Statutes (1993) even though the ap-pellee-defendant’s purported acceptance of the offer came along after it had been specifically withdrawn by plaintiffs counsel during the course of a deposition. The basis of the ruling was the finding that the offer had not been “withdrawn in writing which is served before the date a written acceptance is filed” [e.s.] as required by section 768.79(5). Because the deposition, specifically including the withdrawal, was transcribed and a copy furnished the defendant, the prerequisite was clearly established and the trial court’s conclusion to the contrary was just as clearly incorrect. See § 1.01(4), Fla.Stat. (1993).

*730Accordingly, the judgment is reversed and the cause remanded for fiirther proceedings.

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