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McKENNA v. CARLSON

No. 5D99-1525.

771 So.2d 555 (2000)

Jennifer Marie McKENNA, Appellant/Cross-Appellee, v. Laurie I. CARLSON a/k/a Laurie I. Reyna, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 25, 2000.

Attorney(s) appearing for the Case

David A. Collins of Law Offices of Robert Soifer, and Elizabeth C. Wheeler, of Wheeler & Wilkinson, LLP, Orlando, for Appellant/Cross-Appellee.

Robin Orosz Sharp and Jennifer Gentry Fernandez of Maher, Gibson, Guiley and Maher, P.A., and Jamie Billotte Moses of Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A., Orlando, for Appellee/Cross-Appellant.

Joseph H. Williams of Troutman, Williams, Irvin, Green & Helms, P.A., Winter Park, Amicus Curiae for The Academy of Florida Trial Lawyers.

COBB, J.

The defendant, McKenna, appeals from a final order denying her motions for attorney fees and costs based upon offers of judgment made in an action for personal injuries arising out of an automobile accident. The plaintiff, Carlson, has cross-appealed. The crucial issue which bears on this controversy is the determination of the amount of the "judgment obtained" as that term is used in the offer of judgment statute, section 768.79, Florida Statutes.

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