Hellmann v. City of Orlando

DAUKSCH, Judge.

This is an appeal from an order awarding attorney’s fees in a case where an offer of judgment was made, rejected, and the statutory attorney’s fees became available. § 768.79, Fla.Stat.

When the appellant, plaintiff below, offered to settle his case he did so in accordance with the statute. When the defendant city rejected his offer it put itself in jeopardy of having to pay attorney fees if the ultimate judgment was at least 25% greater than the offer. That is what occurred here.

But the court did not give a full award of attorney’s fees, it limited the amount to 25% of the…