PADILLA v. BUELL

No. 3D02-1945.

841 So.2d 609 (2003)

Fulgencio PADILLA, Sr., Appellant, v. Donald BUELL, Appellee.

District Court of Appeal of Florida, Third District.

April 2, 2003.


Attorney(s) appearing for the Case

William M. Tuttle, II, Miami, for appellant.

Tew Cardenas Rebak Kellogg Lehman DeMaria Tague Raymond & Levine and William G. Burd and John S. McPhee and Peter F. Valori, Miami, for appellee.

Before SCHWARTZ, C.J., and COPE and WELLS, JJ.


PER CURIAM.

Fulgencio Padilla, Sr., plaintiff below, appeals an award of attorney's fees and costs against him under the offer of judgment statute. See § 768.79, Fla. Stat. (1997). On the issue of entitlement, we conclude that the offer was neither ambiguous nor conditional. It does not appear that there was an entire change in the defense offered by the defendant, and thus the decision in Southwinds Farm, Inc. v. Albertson, 664...

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