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WAGNER v. BRANDEBERRY

No. 2D99-2579.

761 So.2d 443 (2000)

Anthony WAGNER, Appellant, v. Steve BRANDEBERRY, Appellee.

District Court of Appeal of Florida, Second District.

June 2, 2000.

Attorney(s) appearing for the Case

Gary A. Magnarini, Ralph Anderson, and Mark Hicks of Hicks & Anderson, P.A., Miami, and Hendrik Uiterwyk of Uiterwyk & Associates, Tampa, for Appellant.

D. James Kadyk of Smith Clark Delesie Bierley Mueller & Kadyk, P.A., Tampa, for Appellee.

PARKER, Judge.

Anthony Wagner challenges the trial court's order denying him an award of attorney's fees pursuant to his proposal for settlement served on Steve Brandeberry under section 768.79, Florida Statutes (1997). The trial court concluded that Wagner had forfeited his entitlement to fees because he did not serve his proposal for settlement in good faith.1 We reverse because the trial court relied on considerations irrelevant to...

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