Hamilton v. Royal Caribbean Cruises, Ltd., 660 So. 2d 729 (Fla. 3d DCA 1995). · Go Syfert
Hamilton v. Royal Caribbean Cruises, Ltd., 660 So. 2d 729 (Fla. 3d DCA 1995). Cases Citing This Book View Copy Cite
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Fred Astor HAMILTON, as father and personal representative of the Estate of Astor Ricky Hamilton-Bodden
v.
ROYAL CARIBBEAN CRUISES, LTD.
No. 94-2967.
District Court of Appeal of Florida, Third District.
Jul 19, 1995.
660 So. 2d 729
William Huggett; Cooper & Wolfe and Sharon Wolfe, Miami, for appellant., Robert D. Peltz and Brian P. Knight, Miami, for appellee.
Baskin, Levy, Schwartz.
Published
SCHWARTZ, Chief Judge.

The trial judge ordered enforcement of a “settlement agreement” under section 768.79, Florida Statutes (1993) even though the ap-pellee-defendant’s purported acceptance of the offer came along after it had been specifically withdrawn by plaintiffs counsel during the course of a deposition. The basis of the ruling was the finding that the offer had not been “withdrawn in writing which is served before the date a written acceptance is filed” [e.s.] as required by section 768.79(5).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).

[*730] Accordingly, the judgment is reversed and the cause remanded for fiirther proceedings.