TGI FRIDAY'S, INC. v. DVORAK

No. 83811.

663 So.2d 606 (1995)

TGI FRIDAY's, INC., etc., Petitioner/Cross-Respondent, v. Marie DVORAK, Respondent/Cross-Petitioner.

Supreme Court of Florida.

Rehearing Denied November 27, 1995.


Attorney(s) appearing for the Case

John B. Marion, IV of Sellars, Supran, Cole & Marion, P.A., West Palm Beach; and Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., West Palm Beach, for petitioner/cross-respondent.

Dan Cytryn of the Law Offices of Dan Cytryn, P.A., Tamarac, for respondent/cross-petitioner.

Jack W. Shaw, Jr. of Osborne, McNatt, Shaw, O'Hara, Brown & Obringer, Jacksonville, amicus curiae for Florida Defense Lawyers Association.


OVERTON, Justice.

We have for review Dvorak v. TGI Friday's, Inc., 639 So.2d 58 (Fla. 4th DCA 1994), in which the district court approved the constitutionality of the offer of judgment statute, section 768.79, Florida Statutes (1987), and held that the statute expressly provides for the award of attorney's fees regardless of the reasonableness of an offeree's rejection of an offer of judgment. The

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