HOROWITCH v. DIAMOND AIRCRAFT INDUSTRIES, INC.

No. 10-12931.

645 F.3d 1254 (2011)

Alan HOROWITCH, Plaintiff-Appellee, v. DIAMOND AIRCRAFT INDUSTRIES, INC., a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 7, 2011.


Attorney(s) appearing for the Case

William V. Custer, IV , Jennifer B. Dempsey , Bryan Cave, LLP, Atlanta, GA, James Charles Hauser , Maitland, FL, Christopher C. Cathcart , Marc P. Ossinsky , Ossinsky & Cathcart, PA, Winter Park, FL, for Plaintiff-Appellee.

Hala A. Sandridge , Ceci Culpepper Berman , Sarah Lahlou-Amine , Fowler White Boggs, PA, Tampa, FL, L. Robert Bourgeois , Banker Lopez Gassler, PA, Tampa, FL, David C. Schwartz , Banker Lopez Gassler, PA, Orlando, FL, for Defendant-Appellant.

Before CARNES, ANDERSON, and FARRIS, Circuit Judges.


ANDERSON, Circuit Judge:

In this diversity case, we certify four questions to the Florida Supreme Court, seeking guidance as to the application of Florida's offer of judgment statute, Fla. Stat. § 768.79, Florida Rule of Civil Procedure 1.442, and the fee-shifting provision of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. § 501.2105.

First, we ask whether an offer of judgment may be viable when it purports to settle...

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