Opinion
No. 86-2193.
August 25, 1987. Rehearing Denied November 25, 1987.
Appeal from the Circuit Court, Dade County, Harold R. Vann, J.
Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson Casey and Jeffrey A. O'Keefe, Fort Lauderdale, for appellant.
Rosenberg, Reisman Glass and James Glass and Michael L. Dennis, Miami, for appellees.
Before BARKDULL, NESBITT and JORGENSON, JJ.
The trial court, having determined that Shafer Miller, Inc. had tendered an offer of settlement to Westinghouse Electric Corporation in an amount greater than the verdict subsequently returned by a jury, correctly held that Westinghouse was not entitled to attorney's fees as a prevailing party under section 627.428, Florida Statutes (1985). See Greenough v. Aetna Casualty Sur. Co., 449 So.2d 1001 (Fla. 4th DCA 1984); cf. C.U. Assocs., Inc. v. R.B. Grove, Inc., 472 So.2d 1177 (Fla. 1985) (construing section 713.29, Florida Statutes (1981)). As the remaining points presented do not merit discussion, the judgment under review is affirmed.