Legal Opinion

O'Brien v. Russell

District Court of Appeal of Florida

Decided September 3, 1997No. 97-554PublishedCited by 4 opinions

1Opinion of the Court

PER curiam;.

Larry O’Brien, the plaintiff in a personal injury ease, appeals from the denial of his motions to enforce the acceptance of an offer of judgment and for a new trial. We affirm.

Immediately following a defense verdict for Sheila Russell, O’Brien formally accepted Russell’s offer of judgment made twelve days before trial. O’Brien contends that section 768.79, Florida Statutes (1993), allows him a full thirty days to accept such an offer, trial notwithstanding. We reject such an interpretation. See Hanzelik v. Grottoli & Hudon Inv. of Am., Inc., 687 So.2d 1363, 1366 (Fla. 4th DCA)…

2Cases cited3 opinions

  1. Braham v. CarncrossDistrict Court of Appeal of Florida · 1987
  2. Liriano v. GonzalezDistrict Court of Appeal of Florida · 1992
  3. Hanzelik v. GROTTOLI AND HUDON INVEST.District Court of Appeal of Florida · 1997

3Cited by4 opinions

  1. James Perkins v. U S West CommunicationsCourt of Appeals for the Eighth Circuit · 1998
  2. Kroener v. Florida Insurance Guaranty Ass'nDistrict Court of Appeal of Florida · 2011
  3. Tucker v. Benevolent & Protective Order of Elks Lodge 417Court of Civil Appeals of Oklahoma · 2000
  4. James Perkins v. U.S. WestCourt of Appeals for the Eighth Circuit · 1998

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