Maroe v. Thompson

LEWIS KAPNER, Circuit Judge.

Plaintiff sued defendants for damages. He was awarded a total of $795.24 in damages and the trial judge granted him a new trial on the issue of damages alone. Subsequently, on December 17, 1973, more than ten days prior to the second trial, defendant Unigard Insurance Company filed an offer of judgment as follows —

“Pursuant to Rule 1.442 of the Florida Rules of Civil Procedure, the Defendant, Unigard Insurance Company, admits that it will allow a judgment to be taken against it in the amount of $5,000.00.”

No response was filed thereto by the plaintiff. The…