Opinion
No. 3D00-1068.
Opinion filed February 21, 2001.
An Appeal from the Circuit Court for Miami-Dade County, Thomas S. Wilson, Jr., Judge. Lower Tribunal No. 95-16801.
Reversed and Remanded for further consistent proceedings.
James T. Sparkman and John W. Gautier, for appellant.
Wolpe Leibowitz and Bradley H. Trushin and Nicole M. McNeel, for appellee.
Before Schwartz, C.J., and Levy, and Ramirez, JJ.
Teresa Kaplan appeals the denial of her Motion to Tax Attorney's Fees and Costs. The motion was brought pursuant to section 768.79, Florida Statutes (1990). We reverse because the release and dismissal provisions requested in Kaplan's Offer of Judgment are not invalidating conditions.See Earnest Stewart, Inc. v. Codina, 732 So.2d 364 (Fla. 3d DCA 1999).