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DIPOMPEO CONST. v. KIMMEL & ASSOCIATES

No. 4D05-255.

916 So.2d 17 (2005)

DiPOMPEO CONSTRUCTION CORPORATION, a Florida corporation, Appellant, v. KIMMEL & ASSOCIATES, INC., a North Carolina corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 5, 2006.

Attorney(s) appearing for the Case

Joseph M. Goldstein and Temple F. Kearns of Shutts & Bowen LLP, Fort Lauderdale, for appellant.

Edward O. Savitz and Keith D. Skorewicz of Bush Ross, P.A., Tampa, for appellee.

GROSS, J.

This case began in the circuit court as a declaratory judgment action. The issue we address is whether the lawsuit was an "action for damages," within the meaning of section 768.79(1), Florida Statutes (2004), so that the offer of judgment statute applies. We hold that because the real issue in the case was one of damages, section 768.79 controlled appellant's offer of judgment. We therefore reverse the order denying...

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