PACER TECHNOLOGY v. LEE PHARMACEUTICALS, INC.

No. 98-1382.

737 So.2d 1238 (1999)

PACER TECHNOLOGY, Appellant, v. LEE PHARMACEUTICALS, INC., et al., Appellees.

District Court of Appeal of Florida, Third District.

August 4, 1999.


Attorney(s) appearing for the Case

Kubicki Draper and Elizabeth M. Rodriguez, Miami, for appellant.

Marlow, Connell, Valerius, Abrams, Alder & Newman and William G. Edwards, Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.


PER CURIAM.

The third-party defendant, Pacer Technology [Pacer], appeals from a final order denying its motion for attorney's fees pursuant to the offer of judgment statute. § 768.79(7)(a), Fla. Stat. (1993). We reverse finding that the trial court abused its discretion by determining that Pacer's offer was not made in good faith.

A review of the record shows that the third-party plaintiffs presented no evidence that met their burden of proving that Pacer...

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