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November 13, 2015 by admin

Attorney’s fees — Offer of judgment — Invalid offer

40
Fla. L. Weekly D2552a
Top of Form

Attorney’s
fees — Offer of judgment — Invalid offer
 

ANCEL PRATT, JR., Appellant, v. MICHAEL C. WEISS, D.O.,
MICHAEL C. WEISS, D.O., P.A., LOUIS H. ISAACSON, D.O., LOUIS H. ISAACSON, D.O.,
P.A., STERLING HEALTHCARE GROUP, INC., STERLING MIAMI, INC., LAUDERDALE
ORTHOPAEDIC SURGEONS, MICHAEL C. WEISS, D.O., P.A., and FMC HOSPITAL LTD., a
Florida Limited Partnership d/b/a FLORIDA MEDICAL CENTER, FMC MEDICAL, INC.,
f/k/a FMC CENTER INC., d/b/a FLORIDA MEDICAL CENTER, Appellees. 4th District.
Case No. 4D10-4398. November 12, 2015. Appeal from the Circuit Court for the
Seventeenth Judicial Circuit, Broward County; Jeffrey E. Streitfeld, Judge;
L.T. Case No. 98-11569(19). Counsel: Linda A. Alley of Sheldon J. Schlesinger,
P.A., Fort Lauderdale and Philip M. Burlington and Andrew A. Harris of
Burlington & Rockenbach, P.A., West Palm Beach, for appellant. A. Candace
Marcus and James C. Sawran of McIntosh, Sawran & Cartaya, P.A., Fort
Lauderdale, for appellees.

(MAY, Judge.) This case comes to us upon remand from the
Supreme Court of Florida. Pratt v. Weiss, 161 So. 3d 1268 (Fla. 2015).
We previously affirmed a trial court order, in which the trial court found an
offer of judgment complied with the requirements of section 768.79, Florida
Statutes (2004). The supreme court has now quashed our decision and held that
the offer failed to comply with section 768.79 and rule 1.442 of the Florida
Rules of Civil Procedure. For the reasons expressed in the supreme court’s
decision, we now reverse the trial court order and remand the case for further
proceedings.

Reversed
and Remanded.
(GROSS and DAMOORGIAN, JJ., concur.)

* * *

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