Opinion
No. 5D01-3362.
June 28, 2002.
Appeal from the Circuit Court for Volusia County, Edwin P.B. Sanders, Judge.
Richard A. Sherman of Richard A. Sherman, P. A., Fort Lauderdale, and Jessica J. Recksiedler of Thompson Associates, L.L.P., Maitland, for Appellant.
Darren J. Elkind of James, Zimmerman, Paul Huddleston, L.L.P., Deltona, for Appellee.
ON MOTION FOR SUMMARY REVERSAL
Miguel L. Nevarez appeals a final judgment awarding attorney's fees and costs in favor of Ann Friskney predicated on a proposal for settlement made by Friskney. In Nevarez v. Friskney, 817 So.2d 856 (Fla. 5th DCA 2002), this court reversed the final judgment entered in favor of Friskney and remanded the matter for the entry of a significantly reduced judgment. Based on that amended judgment, Friskney is no longer the prevailing party under the proposal for settlement. Accordingly, we reverse the award of attorney's fees. The award of costs is unaffected.
We remand this matter to the trial court for the entry of a corrected judgment deleting the award of attorney's fees, but awarding the previously taxed costs.
REMANDED WITH INSTRUCTIONS.
HARRIS, PETERSON and ORFINGER, R.B., JJ., concur.