03-2713 SAIA V. REID

State: Florida

Court: Florida Third District Court

Docket No: 03-2713 SAIA V. REID

Case Date: 11/24/2004

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 SAIA MOTOR FREIGHT LINE, INC., a ** Louisiana corporation; and RAY CHARLES SELLARS, individually, ** Appellants, vs. LESLIE REID and KEICHAN LEWIS, as Co-Personal Representatives of the Estate and Survivors of JOAN PAULINE BRYAN, deceased, Appellees. ** ** ** ** ** ** Opinion filed November 24, 2004. Appeals from the Circuit Court for Miami-Dade County, Jeri B. Cohen, Judge. Conroy, Simberg, Ganon, Krevans & Abel and Hinda Klein, for appellants. Ricci-Leopold and Scott C. Murray and Benjamin Salzillo; Colson Hicks Eidson and Marc Cooper and Ervin A. Gonzalez and Barbara A. Silverman, for appellees. Before SHEVIN, WELLS and SHEPHERD, JJ. SHEVIN, Judge. CASE NOS. 3D03-2713 3D03-2140 LOWER TRIBUNAL NO. 01-28040

Saia Motor Freight Line, Inc., and Ray Charles Sellars [collectively "Saia"], appeal an order awarding attorney's fees and an order awarding costs. affirm the cost award. Following entry of a judgment in favor of the Estate of Joan Bryan in a wrongful death action filed by joint personal representatives Leslie Reid and Keichan Lewis,1 the court awarded attorney's fees to co-personal representative Reid pursuant to the offer of judgment statute. Defendant Saia properly contends We reverse the fee award, and we

that Reid's offer was invalid as it was not submitted by the joint personal representatives.2 A valid offer of judgment must

be served by the party plaintiff.

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