SEGUI v. MARGRILL

No. 5D02-3398.

864 So.2d 518 (2004)

Donald J. SEGUI and St. Joseph's etc., Appellants, v. David MARGRILL, Appellee.

District Court of Appeal of Florida, Fifth District.

January 9, 2004.


Attorney(s) appearing for the Case

Larry T. Griggs, Attorney at Law, P.A., St. Augustine, for Appellants.

Andrea Bateman, of Counsel Aaronson, Austin, P.A., Winter Park, for Appellee.


PLEUS, J.

Margrill sued Segui for repayment of a loan and prevailed. We affirm the final judgment in all respects except the award of attorneys fees. The lower court erred in awarding attorneys fees because the final judgment was not 25% greater than the offer of settlement, as required under section 768.79(1), Florida Statutes. That subsection states in pertinent part:

If a plaintiff files a demand for judgment which is not accepted by the defendant within...

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