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E.T. Plastering, Inc. v. Pacheco

Citations: 782 So. 2d 909; 2001 Fla. App. LEXIS 3255; 2001 WL 246033Docket: No. 3D00-778

Court: District Court of Appeal of Florida; March 13, 2001; Florida; State Appellate Court

Narrative Opinion Summary

E.T. Plastering, Inc. appealed a decision denying its claim for attorney's fees and costs under section 768.79 of the Florida Statutes, stemming from the plaintiff's refusal of a settlement offer. The plaintiff, Pacheco, admitted error on the condition that the court affirms the summary judgment in favor of E.T. Plastering. Following precedent from previous cases, the court reversed the order and remanded the case with instructions to determine the recoverable amounts.

Legal Issues Addressed

Admission of Error Conditional on Affirmation of Summary Judgment

Application: The plaintiff admitted error on the condition that the court affirms the summary judgment, impacting the appeals decision process.

Reasoning: The plaintiff, Pacheco, admitted error on the condition that the court affirms the summary judgment in favor of E.T. Plastering.

Attorney's Fees and Costs under Florida Statutes Section 768.79

Application: The court addressed the entitlement to attorney's fees and costs when a settlement offer is refused, referencing section 768.79 of the Florida Statutes.

Reasoning: E.T. Plastering, Inc. appealed a decision denying its claim for attorney's fees and costs under section 768.79 of the Florida Statutes, stemming from the plaintiff's refusal of a settlement offer.

Reversal of Order and Remand for Determination of Recoverable Amounts

Application: The court reversed the lower court's order and remanded the case for further determination of the recoverable attorney's fees and costs.

Reasoning: Following precedent from previous cases, the court reversed the order and remanded the case with instructions to determine the recoverable amounts.