¶1James T. Sparkman, Fort Lauderdale, and John W. Gautier, West Palm Beach, for appellant.
¶2Wolpe & Leibowitz and Bradley H. Trushin and Nicole M. McNeel, Miami, for appellee.
¶3Before SCHWARTZ, C.J., and LEVY, and RAMIREZ, JJ.
¶4PER CURIAM.
¶5Teresa Kaplan appeals the denial of her Motion to Tax Attorney's Fees and Costs. The motion was brought pursuant to section 768.79, Florida Statutes (1990). We reverse because the release and dismissal provisions requested in Kaplan's Offer of Judgment are not invalidating conditions. See Earnest & Stewart, Inc. v. Codina,732 So.2d 364 (Fla. 3d DCA 1999).
¶6Reversed and remanded for further consistent proceedings.