Opinion
No. 94-2967.
July 19, 1995. Rehearing Denied October 11, 1995.
Appeal from the Circuit Court, Dade County, David L, Tobin, J.
William Huggett; Cooper Wolfe and Sharon Wolfe, Miami, for appellant.
Robert D. Peltz and Brian P. Knight, Miami, for appellee.
Before SCHWARTZ, C.J., and BASKIN and LEVY, JJ.
The trial judge ordered enforcement of a "settlement agreement" under section 768.79, Florida Statutes (1993) even though the appellee-defendant's purported acceptance of the offer came along after it had been specifically withdrawn by plaintiff's counsel during the course of a deposition. The basis of the ruling was the finding that the offer had not been "withdrawn in writing which is served before the date a written acceptance is filed" [e.s.] as required by section 768.79(5). Because the deposition, specifically including the withdrawal, was transcribed and a copy furnished the defendant, the prerequisite was clearly established and the trial court's conclusion to the contrary was just as clearly incorrect. See § 1.01(4), Fla. Stat. (1993).
Accordingly, the judgment is reversed and the cause remanded for further proceedings.