5th DCA 2002)(recognizing that the determination of whether an offer of judgment was served in good faith turns entirely on whether the offeror Mortgage’s notice of voluntary dismissal with out prejudice, Ormond Beach lost its right to request recovery of such fees. To hold otherwise would preclude the filing of a voluntary dismissal in all cases in which a defendant had filed an offer of judgment. AFFIRMED. COBB and PLEUS, JJ., concur. 1 . The bankruptcy court disallowed all of Citation’s claims against Ormond Beach. See In Re: Ormond Beach Assocs., Ltd. Partnership, 204 B.R. 336 (Bankr.D.Conn.1996). That decision was affirmed on appeal. See In Re: Ormond Beach Assocs., Ltd. Partnership, 184 F.3d 143 (2d Cir.1999). 2 . See MX Investments, Inc. v. Crawford, 700 So.2d 640
holding attorney fees not allowable as costs holding a summary judgment to be final although motion to assess attorney fees remained pending because award of attorney fees is collateral to judgment holding that offer of judgment statute does not provide a basis for an award of attorney fees and costs unless dismissal is with prejudice holding proper basis for award of fees recognizing that an award of temporary attorneys fees and costs is based on an assessment of need and ability to pay as well as the reasonableness of the fees and costs