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CLINICA LOURDES INC. v. MIRO

No. 97-2892.

713 So.2d 1062 (1998)

CLINICA LOURDES, INC., etc., et al., Appellants, v. Carlos MIRO, Appellee.

District Court of Appeal of Florida, Third District.

July 8, 1998.

Attorney(s) appearing for the Case

Ruden, McClosky, Smith, Schuster & Russell and John H. Pelzer and William G. McCormick, Ft. Lauderdale, for appellants.

Waks & Barnett, Miami; Robert S. Glazier, Miami, for appellee.

Before SCHWARTZ, C.J., LEVY, J., and DAUKSCH, Associate Judge.

PER CURIAM.

The defendants below appeal from an order denying their application for attorneys' fees under § 768.79(2), Fla. Stat. (1995). While the plaintiff's recovery was less than the dollar amount of the defendants' unaccepted offer of settlement, the trial court ruled that the following provision of the "offer" rendered it unenforceably indefinite:

All issues relating to both parties' right to attorneys' fees shall be submitted to and determined...

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