Opinion
Case No. 3D00-617
Opinion filed September 27, 2000. July Term, A.D. 2000
An Appeal from the Circuit Court for Dade County, Linda Dakis, Judge; Lower Tribunal No. 96-18722.
Robert A. Ginsburg, Miami-Dade County Attorney and Evan Grob, Assistant County Attorney, for appellant.
Karen A. Curran, for appellee.
Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.
On operative facts identical to those in Progressive Casualty Ins. v. Radiology Imaging Center, 761 So.2d 399 (Fla. 3d DCA 2000), but before that decision was announced, the trial court understandably held that the offer of judgment in this case was untimely and therefore a nullity. On the authority ofProgressive, the order below is reversed and the cause is remanded to fix the amount of the attorneys' fees and costs to which the appellant is entitled under Florida Rule of Civil Procedure 1.442. See also Liguori v. Daly, 756 So.2d 268 (Fla. 4th DCA 2000).