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VECCHIO v. VAN CLEAVE

No. 4D03-4224.

890 So.2d 443 (2004)

Charles VECCHIO and Sondra Vecchio, Appellant, v. Curt A. VAN CLEAVE and State Farm Mutual Automobile Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

December 29, 2004.

Attorney(s) appearing for the Case

John G. Rooney of Brooker & Rooney, P.A., Vero Beach, for appellant.

Richard A. Sherman, Sr. of the Law Offices of Richard A. Sherman, P.A., Ft. Lauderdale and Keith Bregoff of the Law Offices of Patricia E. Garagozlo, Melbourne, for appellee Curt A. Van Cleave.

Angela C. Flowers of Kubicki Draper, Miami, for appellee State Farm Mutual Automobile Insurance Co.

On Motion for Rehearing

KLEIN, J.

We withdraw our opinion filed on September 29, 2004 and replace it with this opinion.

Appellant plaintiffs brought this suit for auto accident injuries against the tortfeasor and their UM insurer, which resulted in a low jury verdict. The issues we address are whether an offer of judgment was in good faith and whether costs should have been assessed against appellant in favor of the tortfeasor.

Plaintiff...

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