E & A Restaurants of the Keys, Inc. v. Bernreuter

SCHWARTZ, Chief Judge.

The order awarding the plaintiffs attorney’s fees purportedly pursuant to section 768.79, Florida Statutes (1989), is reversed. It is clear that the proceedings below with respect to the demand for judgment and its rejection did not comply with the procedural requirements of the then-applicable statute, which were, in any event, declared invalid in The Florida Bar re: Amendment to Rules of Civil Procedure, Rule 1.442, 550 So.2d 442 (Fla.1989). Moreover, the pertinent events took place before the effective date of Florida Rule of Civil Procedure 1.442 (with the…