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DOZIER v. CITY OF ST. PETERSBURG

No. 96-04468.

702 So.2d 593 (1997)

Lillian DOZIER, as Personal Representative of the Estate of Aubrey Dozier, deceased, Appellant, v. The CITY OF ST. PETERSBURG and Richard Norell, Appellees.

District Court of Appeal of Florida, Second District.

December 3, 1997.

Attorney(s) appearing for the Case

Mark H. Perenich and Matthew E. Noyes of Perenich, Carroll, Perenich, Avril & Caulfield, P.A., Clearwater, for Appellant.

John Wallace Hamilton, Assistant City Attorney, St. Petersburg, for Appellee City of St. Petersburg.

FRANK, Judge.

Lillian Dozier appeals from the denial of her motion to tax costs following a jury verdict awarding her $7,023.25 after apportioning negligence. The trial court mistakenly concluded that the offer of judgment statute, section 768.79(6), Florida Statutes (1995), precluded the plaintiff from recovering costs as the prevailing party under section 57.041, Florida Statutes (1995). We reverse.

Dozier's husband slipped and fell on a St. Petersburg sidewalk...

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