Westinghouse Elec. Corp. v. Shafer & Miller, Inc.
| Decision Date | 25 August 1987 |
| Docket Number | No. 86-2193,86-2193 |
| Citation | 12 Fla. L. Weekly 2066,515 So.2d 248 |
| Court | Florida District Court of Appeals |
| Parties | 12 Fla. L. Weekly 2066 WESTINGHOUSE ELECTRIC CORPORATION, Appellant, v. SHAFER & MILLER, INC. and American Home Assurance Company, Appellees. |
Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson & Casey and Jeffrey A. O'Keefe, Fort Lauderdale, for appellant.
Rosenberg, Reisman & Glass and James Glass and Michael L. Dennis, Miami, for appellees.
Before BARKDULL, NESBITT and JORGENSON, JJ.
The trial court, having determined that Shafer & Miller, Inc. had tendered an offer of settlement to Westinghouse Electric Corporation in an amount greater than the verdict subsequently returned by a jury, correctly held that Westinghouse was not entitled to attorney's fees as a prevailing party under section 627.428, Florida Statutes (1985). See Greenough v. Aetna Casualty & Sur. Co., 449 So.2d 1001 (Fla. 4th DCA 1984); cf. C.U. Assocs., Inc. v. R.B. Grove, Inc., 472 So.2d 1177 (Fla.1985) ( section 713.29, Florida Statutes (1981)). As the remaining points presented do not merit discussion, the judgment under review is affirmed.
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