FLORIDA GAS TRANS. v. LAUDERDALE SAND & FILL INC.

No. 4D01-2414.

813 So.2d 1013 (2002)

FLORIDA GAS TRANSMISSION COMPANY, a Delaware corporation, Appellant, v. LAUDERDALE SAND & FILL, INC., a Florida corporation, and Robert Elmore, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 8, 2002.


Attorney(s) appearing for the Case

Michael L. Rosen and David M. Corry of Bricklemyer, Smolker & Bolves, P.A., Tampa, for appellant.

Brian C. Deuschle of Brian C. Deuschle, Chartered, Fort Lauderdale, for appellee Robert Elmore.


SHAHOOD, J.

The broad issue presented in this case is whether a defendant who obtains a judgment of no liability is entitled to attorney's fees pursuant to section 768.79, Florida Statutes. The narrower issue is whether amounts received in settlement with other co-defendants may be considered collateral source payments in calculating whether the judgment obtained was twenty five percent less than the offer of judgment.

Appellees, Lauderdale Sand & Fill...

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