Injury Attorneys in Daytona Beach | Proposals for Settlement Blog

Florida Second DCA rules that plaintiff’s voluntary dismissal of complaint without prejudice did not trigger entitlement by defendant to attorney’s fees under Fla. Stat. § 768.79 even though the statute of limitations had expired at the time of dismissal January 8, 2021

On December 23, 2020, in Herrell, et al. v. Universal Property & Casualty Insurance Company, No. 2D19-1911, the Florida Second DCA affirmed a trial court's denial of the defendants' motion...

Florida Second DCA affirms trial court’s denial of defense motion to enforce alleged settlement agreement involving proffered settlement check that included lienholder as additional payee November 18, 2020

On October 28, 2020, in Suarez Trucking FL Corp.. et al. v. Souders, No. 2D19-572, the Florida Second DCA affirmed a trial court order which denied the defendant’s motion ...

Florida Fourth DCA reverses trial court’s award of fees and costs to plaintiff based on defendant’s failure to accept proposal for settlement, concluding that the proposal was unenforceable because it was issued prior to the proper substitution of the deceased defendant’s curator as defendant October 08, 2020

On September 9, 2020, in De La Riva v. Chavez, No. 4D19-1371, the Florida Fourth DCA reversed a trial court order granting the prevailing plaintiff...

Florida Fourth DCA rules that proposal for settlement containing erroneous settlement amount was void because it was not authorized by client September 10, 2020

On August 19, 2020, in Dale v. Schaub et al., No. 4D19-900, the Florida Fourth DCA reversed a trial court ruling that denied a plaintiff’s motion to withdraw a proposal ...

Florida Fourth DCA rules that defendant’s insurer in motor vehicle negligence case was properly included in judgment for attorney’s fees under Fla. Stat. § 768.79 December 04, 2019

On November 13, 2019, in Davis v. Muro, No. 4D18-2824, the Florida Fourth DCA affirmed a trial court ruling that Nationwide, the insurer ...

Florida First DCA rules that codefendant’s timely acceptance of plaintiff’s proposal for settlement was “postoffer settlement” required to be added to amount of net judgment against defendant in determining entitlement to attorney’s fees under F.S. § 768.79 December 04, 2019

On October 30, 2019, in Wilcox v. Neville, No. 1D18-4057, the Florida First DCA reversed a trial court order denying the plaintiff motion’s motion for fees and costs pursuant to § 768.79, Florida Statutes (2015), and Fla. R. Civ. P. 1.442 ...

Florida Fifth DCA rules that amount of plaintiff’s separate proposals for settlement to two defendants should not be aggregated in determining whether 125% threshold met for award of attorney’s fees under F.S. § 768.79 November 25, 2019

On October 11, 2019, in Nunez v. Allen, No. 5D14-4386, the Florida Fifth DCA considered a case on remand from the Florida Supreme Court, which had quashed a previous decision by the Fifth DCA that the plaintiff’s proposals for settlement to the defendants ...

Florida Third DCA rules that defendant’s nominal proposal for settlement was not made in bad faith because defense had well-founded and correct belief that sovereign immunity barred lawsuit July 25, 2019

On June 19, 2019, in Miccosukee Tribe of Indians of Florida v. Lewis Tein , P.L ., et al. , No, 3D18-1132, the Florida Third DCA reversed a trial court’s ruling that the prevailing defendant was not ...

Florida Fifth DCA rules that cost of non-testifying expert is not a taxable cost that can be counted in determining whether 125% proposal for settlement threshold has been passed to qualify for award of attorney’s fees and costs under Fla. Stat. § 768.79 July 19, 2019

On June 14, 2019, in R.J. Reynolds Tobacco Company v. Lewis , No. 5D17-773, the Florida Fifth DCA reversed a trial court’s award of attorney’s fees and costs to a prevailing plaintiff in an Engle ...

Florida Second DCA rules that Florida’s proposal for settlement statute, Section 768.79, was inapplicable to negligence case governed by federal maritime law April 25, 2019

On April 17, 2019, in Marco Marine Construction, Inc. v. Kopras , No. 2D17-1734, the Florida Second DCA reversed a trial court’s ruling granting the prevailing plaintiff attorney’s fees under Section ...

Florida Fourth DCA rules that defendant’s proposal for settlement addressed to individual plaintiff in multi-plaintiff proceeding need not specify apportionment with other plaintiffs April 19, 2019

On April 10, 2019, in Weiner v. Maulden , No. 4d18-2170, the Florida Fourth DCA reversed a trial court’s denial of a post-trial motion for attorney fees made by the defendant in a motor vehicle ...

Florida Fifth DCA rules that loss of consortium claim by spouse of personal injury plaintiff was “inextricably intertwined” with plaintiff’s personal injury claim such that defendant claiming attorney’s fees under § 768.79, Florida Statutes, was not requi March 16, 2019

On March 15, 2019, in Conti v. Auchter , Np. 5D18-696, the Florida Fifth DCA reversed a trial court ruling concerning the amount of attorney’s fees awardable under § 768.79, Florida Statutes, to a ...

Florida Supreme Court resolves DCA split, rules that proposals for settlement need not comply with email service requirements of Fla. R. Jud. Admin. 2.516 January 31, 2019

On January 4, 2019, in Wheaton v. Wheaton , No. SC17-716, the Florida Supreme Court resolved a split between the Florida Third DCA and several other Florida DCAs, concluding that proposals for ...

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