Opinion
Case No. 96-3053.
Opinion filed October 3, 1997. Rehearing Denied November 13, 1997.
Appeal from the Circuit Court for Marion County, Raymond T. McNeal, Judge.
David C. Beers of McDonough, O'Dell, Beers, Wieland, Williams Krakar, P.A., Orlando, for Appellant.
Curtis L. Brown of Wright, Fulford, Moorhead Brown, P.A., Orlando, for Appellees.
Association Employers Insurance Company appeals the judgments for attorney's fees and costs entered against it in favor of appellees American Excavating and PSI, Inc. under section 768.79, Florida Statutes, which provides for attorney's fees in certain cases where an offer of judgment is not accepted. At the time the trial court entered its judgment, it did not have the benefit of the supreme court's opinion in MX Investments, Inc., v. Crawford, 22 Fla. L. Weekly S530 (Fla. Sept. 4, 1997), which clarifies that no entitlement to attorney's fees arises under section 768.79 unless the case is dismissed with prejudice. Accordingly, we reverse.
REVERSED and REMANDED.
COBB and THOMPSON, JJ., concur.