BROWNE v. CULLISON

No. 92-2965.

638 So.2d 1007 (1994)

Walter J. BROWNE, Appellant, v. Alexander C. CULLISON, Gene F. Ciccarelli, and the Port Everglades Authority, Appellees.

District Court of Appeal of Florida, Fourth District.

June 15, 1994.


Attorney(s) appearing for the Case

Barry G. Roderman of Roderman & Spadaro, P.A., Fort Lauderdale, for appellant.

Paul M. Platte of Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, for appellee-Alexander C. Cullison.

Richard A. Sherman and Rosemary B. Wilder of Law Offices of Richard A. Sherman, P.A., and Wayne W. Pomeroy of Pomeroy, Pomeroy & Beauchamp, P.A., Fort Lauderdale, for appellees-Gene F. Ciccarelli and the Port Everglades Authority.


STONE, Judge.

We reverse a final judgment that is founded on an offer of judgment made by counsel for the codefendant Port and accepted by the plaintiff, Cullison. The record reflects that Appellant's trial counsel explicitly "opted out" of the offer before it was accepted.

The suit was brought by a Port Everglades employee, Cullison, against Appellant, a port commissioner, the port, and the deputy port director. The allegations involved a "retaliatory" investigation...

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