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AMBECA, INC. v. MARINA COVE VILLAGE ASS'N

No. 1D03-3077.

880 So.2d 811 (2004)

AMBECA, INC. d/b/a Long Insurance Agency, Appellant, v. MARINA COVE VILLAGE TOWN-HOME ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, First District.

August 13, 2004.

Attorney(s) appearing for the Case

Patrick J. Farrell, Jr. and William D. Horgan; Fuller, Johnson & Farrell, P.A., Tallahassee, for Appellant.

Gary Lee Printy, Tallahassee, for Appellee.

HAWKES, J.

Appellant, Ambeca, Inc., prevailed in the action below after making a timely offer of judgment. As the prevailing party, Appellant moved to tax fees and costs pursuant to the offer of judgment statute, section 768.79 Florida Statutes, (2002) and Rule 1.442, Fla. R. Civ. P. The trial court denied Appellant's motion, concluding the offer of judgment required a release for issues not raised within the scope of the pleadings. We review a trial court's ruling...

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