Eagleman v. Eagleman

This is an appeal of a post judgment final Order denying attorney's fees and costs to appellant/former wife, Pamela Eagleman (defendant), pursuant to section 768.79, Florida Statutes, 1993, commonly referred to as the ""Offer of Judgment"" statute. We affirm because we find no abuse of discretion in the trial court's finding that the offer of judgment was not made in good faith. This case originated from a criminal charge of battery filed, or caused to be filed, against appellee, Atilla Eagleman (plaintiff), 1T defendant, his former wife, who alleged that he had stepped on her foot. Following a jury verdict of ""not guilty,"" plaintiff filed this malicious prosecution action. He sought ,substantial actual damages for time spent away from his medical practice.