DiPompeo Construction Corp. v. Kimmel & Associates, Inc.

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 *18of judgment. We therefore reverse the order denying attorney’s fees.

Appellee, Kimmel & Associates, Inc., is a professional recruiting firm. Kimmel sent an invoice to appellant DiPompeo Construction Corporation for $20,000,…