CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: ALL THREE DEFENDANTS’ NOMINAL PROPOSALS FOR SETTLEMENT WERE MADE IN GOOD FAITH BASED UPON PLAINTIFF’S CONCESSIONS: TRIAL COURT ERRED IN AWARDING ONE DEFENDANT ONLY ONE-THIRD OF HIS ATTORNEY’S FEES BECAUSE ALL THREE DEFENDANTS HIRED ONE LAW FIRM TO REPRESENT THEM BASED UPON THE SAME THEORY OF DEFENSE

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 Isaias v. The H.T. Hackney Co., ___ So. 3d ___, 40 Fla. L. Weekly D753 (Fla. 3d DCA March 25, 2015)

The plaintiff sued three defendants for unpaid invoices. Each defendant filed a proposal for settlement for $500. After the defendants prevailed on the merits, the trial court found that only one of the proposals was made in good faith … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE; INSURANCE: UNINSURED MOTORIST COVERAGE; CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: PROPOSAL FOR SETTLEMENT WAS AMBIGUOUS AND UNENFORCEABLE BECAUSE THE AMOUNT OF THE PROPOSAL IN WORDS WAS DIFFERENT FROM THE AMOUNT IN NUMERALS

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Government Employees Insurance Company v. Ryan, ___ So. 3d ___, 40 Fla. L. Weekly D617 (Fla. 4th DCA March 11, 2015)

The plaintiff in an action for uninsured motorist benefits served a proposal for settlement that stated the amount of the proposal was “One Hundred Thousand Dollars ($50,000)” and that “[t]he total amount of this settlement shall not exceed … Click To Read Full Case Law Review...

REAL ESTATE: COMMISSIONS; CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: PROPOSAL FOR SETTLEMENT FROM DEFENDANT TO PLAINTIFF WAS NOT AMBIGUOUS BECAUSE A RELEASE WAS NOT ATTACHED AND CONFIDENTIALITY WAS REQUIRED

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Russell Post Properties, Inc. v. Leaders Bank, ___ So. 3d ___, 40 Fla. L. Weekly D619 (Fla. 3d DCA March 11, 2015)

The realtor filed an action to determine the amount of the commission he was entitled to receive from the bank, and the bank filed a proposal for settlement. The trial court awarded attorney’s fees and costs to the … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: PROPOSAL FOR SETTLEMENT: PROPOSAL FOR SETTLEMENT WAS UNENFORCEABLE BECAUSE IT PROPOSED TO RESOLVE CONTRACTUAL AND STATUTORY CLAIMS AND WAS, THEREFORE, AMBIGUOUS AS TO WHETHER IT WOULD PRECLUDE POTENTIAL UNINSURED MOTORIST AND HEALTH INSURANCE CLAIMS

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Vogan v. Cruz, ___ So. 3d ___, 40 Fla. L. Weekly D603 (Fla. 5th DCA March 6, 2015)

A proposal for settlement from the defendant in a motor vehicle negligence case was unenforceable because it “propose[d] to resolve contractual and statutory claims” and was, therefore, “ambiguous as to whether it would preclude [the plaintiff’s] potential uninsured motorist and health … Click To Read Full Case Law Review...

TORTS: PERSONAL INJURY: ATTORNEY’S FEES: PROPOSAL FOR SETTLEMENT; INSURANCE: SUPPLEMENTARY PAYMENTS: ATTORNEY’S FEES AWARDED UNDER A PROPOSAL FOR SETTLEMENT ARE COVERED AS COSTS UNDER THE SUPPLEMENTARY PAYMENTS PROVISION OF AN AUTOMOBILE LIABILITY INSURANCE POLICY: CONTRACTS: CONSTRUCTION: AMBIGUOUS POLICIES MUST BE CONSTRUED IN FAVOR OF COVERAGE

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GEICO General Insurance Company v. Hollingsworth, ___ So. 3d ___, 40 Fla. L. Weekly D308 (Fla. 5th DCA January 30, 2015)

The appellate court, in a personal injury case, affirmed final judgment holding the automobile liability insurer liable for attorney’s fees awarded against its insured under a proposal for settlement. The liability of the insurer was based upon a … Click To Read Full Case Law Review...