HAMILTON v. ROYAL CARIBBEAN CRUISES, LTD.

No. 94-2967.

660 So.2d 729 (1995)

Fred Astor HAMILTON, as father and personal representative of the Estate of Astor Ricky Hamilton-Bodden, Appellant, v. ROYAL CARIBBEAN CRUISES, LTD., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 11, 1995.


Attorney(s) appearing for the Case

William Huggett; Cooper & Wolfe and Sharon Wolfe, Miami, for appellant.

Robert D. Peltz and Brian P. Knight, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and LEVY, JJ.


SCHWARTZ, Chief Judge.

The trial judge ordered enforcement of a "settlement agreement" under section 768.79, Florida Statutes (1993) even though the appellee-defendant's purported acceptance of the offer came along after it had been specifically withdrawn by plaintiff's counsel during the course of a deposition. The basis of the ruling was the finding that the offer had not been "withdrawn in writing which is served before the date a written acceptance is filed...

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