TORTS: NEGLIGENCE: FAILURE TO PROVIDE SECURITY; CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: PROPOSAL FOR SETTLEMENT FROM PRIMARY PLAINTIFF WAS AMBIGUOUS BECAUSE IT WAS UNCLEAR WHETHER IT WAS INTENDED TO RESOLVE CLAIM OF ONLY THE PRIMARY PLAINTIFF OR CLAIMS OF BOTH THE PRIMARY AND DERIVATIVE PLAINTIFFS: PLAINTIFF, WHO SERVED SEPARATE PROPOSALS FOR SETTLEMENT ON THREE DEFENDANTS, BUT ASKED THE JURY TO TREAT ALL THREE DEFENDANTS AS A SINGLE ENTITY, WAS NOT ENTITLED TO RECOVER ATTORNEY’S FEES BECAUSE THE AMOUNT RECOVERED WAS LESS THAN THE SUM OF THE THREE PROPOSALS FOR SETTLEMENT

Hilton Hotels Corporation v. Anderson, ___ So. 3d ___, 40 Fla. L. Weekly D48 (Fla. 5th DCA December 19, 2014)

A criminal attacked the plaintiff in the parking lot of a hotel. The plaintiff and his wife sued the franchisor, the franchisee, the hotel manager, and the security company, and served separate proposals for settlement on each of them. … Click To Read Full Case Law Review...

SCHOOLS: TORTS: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): SCHOOL BOARD DID NOT ENGAGE IN TRADE OR COMMERCE BY UNDERSTATING EXCEPTIONAL STUDENT’S MATRIX OF SERVICES SCORE IN ORDER TO REDUCE HIS McKAY SCHOLARSHIP: CLAIM FOR DECLARATORY RELIEF PROPERLY DISMISSED WITHOUT PREJUDICE BASED UPON FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES

Montero v. Duval County School Board, ___ So. 3d ___, 40 Fla. L. Weekly D36 (Fla. 1st DCA December 18, 2014)

The parents of an exceptional student sued the school board for understating their son’s matrix of services score in order to reduce his McKay Scholarship. The appellate court affirmed the dismissal without prejudice of the plaintiffs’ claim for … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE; CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: PROPOSAL FOR SETTLEMENT FROM PLAINTIFF TO TORTFEASOR WAS UNENFORCEABLE BECAUSE IT WAS CONDITIONED UPON PAYMENT BY THE OWNER OR HIS AGENTS, THUS PREVENTING THE TORTFEASOR FROM ACTING INDEPENDENTLY TO RESOLVE THE CASE AGAINST HER

Paduru v. Klinkenberg, ___ So. 3d ___, 40 Fla. L. Weekly D41 (Fla. 1st DCA December 17, 2014)

The plaintiff in a motor vehicle negligence case served a proposal for settlement on the tortfeasor. The court held that the proposal was unenforceable because it was conditioned upon payment of the proposed amount by the owner or his agents (presumably … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: ALL OR NOTHING PROPOSAL FOR SETTLEMENT MADE BY MULTIPLE OFFERORS TO A SINGLE OFFEREE WAS ENFORCEABLE

Duong v. Ziadie, ___ So. 3d ___, 40 Fla. L. Weekly D23 (Fla. 4th DCA December 17, 2014)

The plaintiff in a medical malpractice case served a proposal for settlement on behalf of her incapacitated son and his two minor children. The proposal offered to settle the case for $1 million, with $900,000 payable to the son and $50,000 … Click To Read Full Case Law Review...

ADMIRALTY: CIVIL PROCEDURE: SANCTIONS: FRAUD ON THE COURT: DISMISSAL: PROPOSAL FOR SETTLEMENT: ATTORNEY’S FEES MAY NOT BE AWARDED UNDER SECTION 768.79, FLORIDA STATUTES, IN AN ADMIRALTY CASE

Schmieder v. NCL America, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D2559 (Fla. 3d DCA December 10, 2014)

The trial court, in an admiralty case, dismissed the plaintiff’s negligence claim for fraud on the court and awarded attorney’s fees and costs to the defendant based upon its proposal for settlement. The appellate court affirmed the dismissal but reversed … Click To Read Full Case Law Review...