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QUINNELL v. PLATT

Nos. 1D08-4888, 1D09-0788.

23 So.3d 746 (2009)

Steven E. QUINNELL, as Personal Representative of the Estate of James Frederick Zink, deceased, Appellant, v. Kathy PLATT, as Personal Representative of the Estate of Brian Charles Falcon, deceased, Appellee.

District Court of Appeal of Florida, First District.

November 10, 2009.

Attorney(s) appearing for the Case

Tracy R. Gunn of Gunn Appellate Practice P.A., Tampa; and Mark J. Upton of Daniell, Upton, Perry & Morris, P.C., Daphne, AL, for Appellant.

Michael V. Hammond of Cramer, Price & de Armas, P.A., Orlando; Jeffrey A. Luhrsen of Luhrsen Law Group, Sarasota; and Stephen D. Gill of Stephen D. Gill, P.A., Hull, MA, for Appellee.

PER CURIAM.

In case number 1D08-4888, appellant contends that the trial court erred as a matter of law in concluding that, based on the undisputed material facts, appellant (through its insurer) failed to accept appellee's settlement offer before appellee revoked that offer. In case number 1D09-0788, appellant contends that, if we reverse in case number 1D08-4888, we must also reverse the cost judgment entered in favor of appellee.

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