Legal Opinion

Bennett v. American Learning Systems of Boca Delray, Inc.

District Court of Appeal of Florida

Decided October 29, 2003No. Nos. 4D02-3411, 4D02-4164, 4D02-5132PublishedCited by 12 opinions

1Opinion of the CourtWarner, J.

Appellant filed an appeal from a judgment in favor of appellee, based upon a jury verdict awarding appellant no damages for slander. The appellee cross-appeals the court’s denial of attorney’s fees pursuant to an offer of judgment. The court determined that the offer was invalid because it failed to state whether it included attorney’s fees and punitive damages. We affirm the appeal on all issues raised. We reverse as to the cross-appeal, holding that where there was no claim for attorney’s fees or punitive damages raised in the pleadings, the court erred in striking the claim.

Appellant filed…

2Cases cited4 opinions

  1. Stockman v. DownsSupreme Court of Florida · 1991
  2. In Re Amend. to Fla. Rules of Civ. Proc.Supreme Court of Florida · 1996
  3. Lucas v. CalhounDistrict Court of Appeal of Florida · 2002
  4. Nichols v. State Farm Mut.District Court of Appeal of Florida · 2003

3Cited by12 opinions

  1. Diamond Aircraft Industries, Inc. v. HorowitchSupreme Court of Florida · 2013
  2. Horowitch v. DIAMOND AIRCRAFT INDUSTRIES, INC.Court of Appeals for the Eleventh Circuit · 2011
  3. Susanne L. Kuhajda v. Borden Dairy Company of Alabama, LLC.Supreme Court of Florida · 2016
  4. Hall v. Lexington Ins. Co.District Court of Appeal of Florida · 2005
  5. Borden Dairy Co. of Alabama v. KuhajdaDistrict Court of Appeal of Florida · 2015

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