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AUTO-OWNERS INS. v. SOUTHEAST FLOATING DOCKS

No. 09-15846.

632 F.3d 1195 (2011)

AUTO-OWNERS INSURANCE COMPANY, Plaintiff-Appellee, v. SOUTHEAST FLOATING DOCKS, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 8, 2011.

Attorney(s) appearing for the Case

Richard A. DeTar , Miles & Stockbridge, PC, Easton, MD, James Michael McCrae , Lake Mary , FL, for Defendant-Appellant.

Peter M. Gannott , Thomas E. Crafton , Alber Crafton, PSC, Louisville, KY, Robert E. Bonner , Meier, Bonner, Muszynski, O'Dell & Harvey, P.A., Longwood, FL, for Plaintiff-Appellee.

Before WILSON, PRYOR and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

In this offer of judgment case, we certify three questions to the Florida Supreme Court, seeking guidance as to the application of Florida's offer of judgment statute, Fla. Stat. § 768.79, and Florida Rule of Civil Procedure 1.442. First, we inquire whether an offer of judgment may be viable when filed under the following circumstances: the offer was filed by a defendant after a jury verdict for the defendant had been set aside by the...

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