
    Fred Astor HAMILTON, as father and personal representative of the Estate of Astor Ricky Hamilton-Bodden, Appellant, v. ROYAL CARIBBEAN CRUISES, LTD., Appellee.
    No. 94-2967.
    District Court of Appeal of Florida, Third District.
    July 19, 1995.
    Rehearing Denied Oct. 11, 1995.
    William Huggett; Cooper & Wolfe and Sharon Wolfe, Miami, for appellant.
    Robert D. Peltz and Brian P. Knight, Miami, for appellee.
    Before SCHWARTZ, C.J., and BASKIN and LEVY, JJ.
   SCHWARTZ, Chief Judge.

The trial judge ordered enforcement of a “settlement agreement” under section 768.79, Florida Statutes (1993) even though the ap-pellee-defendant’s purported acceptance of the offer came along after it had been specifically withdrawn by plaintiffs counsel during the course of a deposition. The basis of the ruling was the finding that the offer had not been “withdrawn in writing which is served before the date a written acceptance is filed” [e.s.] as required by section 768.79(5). Because the deposition, specifically including the withdrawal, was transcribed and a copy furnished the defendant, the prerequisite was clearly established and the trial court’s conclusion to the contrary was just as clearly incorrect. See § 1.01(4), Fla.Stat. (1993).

Accordingly, the judgment is reversed and the cause remanded for fiirther proceedings.  