CITY OF NEPTUNE BEACH v. SMITH

No. 98-2423.

740 So.2d 25 (1999)

CITY OF NEPTUNE BEACH, Appellant, v. Janice M. SMITH and Darrell G. Smith, Appellees.

District Court of Appeal of Florida, First District.

March 26, 1999.


Attorney(s) appearing for the Case

Alan K. Ragan of Marks, Gray, Conroy & Gibbs, P.A., Jacksonville, for Appellant.

Natalie A. Nice and Michael E. Seelie of Seelie and Doolittle, P.A., Jacksonville, for Appellees.


ALLEN, J.

The appellant challenges an order by which its motion for attorney's fees pursuant to section 768.79, Florida Statutes, was denied following a defense verdict of no liability in favor of the appellant. Because the trial judge employed the wrong test in determining that offers of judgment served by the appellant pursuant to the statute were not made in good faith, we reverse the order.

Section 768.79 provides in relevant part as follows:

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