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En Banc 3rd DCA Rejects Fee-Shifting in Admiralty Case

By Sherri Okamoto (Legal Reporter)

Thursday, April 10, 2014 | 0

The en banc 3rd District Court of Appeal on Wednesday receded from its prior case law allowing a claimant to receive an attorney fee award in an admiralty case, pursuant to Florida's fee-shifting statutes.Case: Royal Caribbean Cruises v. Cox, No. 3D09-2712, 04/09/2014, published.Facts: Byron Cox filed an admiralty case against Royal Caribbean Cruises to recover for injuries he sustained while employed upon one of the cruise liner's vessels.Cox served an offer of judgment on RCCL, pursuant to Florida Rule of Civil Procedure 1.442 and Section 768.79.The rule creates coercive pressure tow...

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