The 2023 Florida Statutes (including Special Session C)
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. . . Milton , 595 So.2d 12, 14 (Fla. 1992) (holding that section 45.061, Florida Statutes (1987), was not . . .
. . . . § 45.061 applicable in this case. . . .
. . . Neither section 45.061(4), Florida Statutes, the statute entitled "Offers of Settlement,” nor section . . .
. . . ) (“The district court was correct in awarding defendant.. .attorney fees” under “Florida Statute § 45.061 . . .
. . . .’); § 45.061(5), Fla. . . .
. . . alternative such as offer of and demand for judgment under s.768.79 or offer of settlement under s. 45.061 . . .
. . . The court noted that “[i]n fact, section 45.061(4), Florida Statutes, specifically exempts dissolution . . .
. . . and replaced it with a new rule which reflected the major components of section 768.79 and section 45.061 . . . Section 45.061, a similar offer-of-judgment statute, was repealed with respect to actions accruing after . . .
. . . See § 45.061(2), Fla. Stat. (2010); In re Jet 1 Ctr. . . .
. . . .”); §.45.061(5), Fla. . . .
. . . alternative such as offer of and demand for judgment under s. 768.79 or offer of settlement under s. 45.061 . . .
. . . alternative such as offer of and demand for judgment under s. 768.79 or offer of settlement under s. 45.061 . . . alternative such as offer of and demand for judgment under s. 768.79 or offer of settlement under s. 45.061 . . .
. . . . § 45.061 applicable in this case. . . .
. . . the defendant made three offers that the plaintiff rejected: a proposal for settlement under section 45.061 . . . We examined section 45.061, which provided that a prevailing defendant who had served either an offer . . . We held that Rule 68 did not preempt section 45.061 because the two provisions were not in “direct collision . . . “Rule 68 concerns only [costs] and offers of judgment, while [section 45.061] concerns attorney’s fees . . . In 1990, the Florida Legislature consolidated sections 768.79 and 45.061 into the current version of . . .
. . . the defendant made three offers that the plaintiff rejected: a proposal for settlement under section 45.061 . . . We examined section 45.061, which provided that a prevailing defendant who had served either an offer . . . We held that Rule 68 did not preempt section 45.061 because the two provisions were not in “direct collision . . . “Rule 68 concerns only [costs] and offers of judgment, while [section 45.061] concerns attorney’s fees . . . In 1990, the Florida Legislature consolidated sections 768.79 and 45.061 into the current version of . . .
. . . Combs, 608 So.2d 1 (Fla.1992), [Wje found sections 45.061, Florida Statutes (1987), and 768.79, Florida . . . mediation by court order, the time periods for responding to an offer of settlement pursuant to s. 45.061 . . . (b) Sections 45.061 and 768.79 notwithstanding, an offer of settlement or an offer or demand for judgment . . .
. . . The court should consider rule 1.442 concerning offers of judgment and section 45.061, Florida Statutes . . .
. . . precluded from recovering costs and attorney fees under rules and statutes such as Rule 1.442 and sections 45.061 . . .
. . . and to tax costs pursuant to rule 1.442, Florida Rules of Civil Procedure, and sections 768.79 and 45.061 . . .
. . . LEXINGTON INSURANCE COMPANY, by and through undersigned counsel, and pursuant to Florida Statutes 768.79, 45.061 . . .
. . . proposal for settlement made by appellees pursuant to Florida Rule of Civil Procedure 1.442, and sections 45.061 . . .
. . . 664 So.2d 1022 (Fla. 2d DCA 1995) (denying fees for litigating amount of fees sought pursuant to § 45.061 . . .
. . . Former section 768.79, Florida Statutes (1991) (offer of judgment and demand for judgment) and section 45.061 . . . On the contrary, the first district interpreted the thirty-day time limit in section 45.061(2), Florida . . .
. . . The court should consider rule 1.442 concerning offers of judgment and section 45.061, Florida Statutes . . .
. . . In 1986, the Legislature enacted section 768.79, and in 1987, the Legislature enacted section 45.061, . . . In 1988, we requested the Civil Procedure Rules Committee to examine any conflict between sections 45.061 . . . Later, in 1992, we considered the interplay between sections 45.061 and 768.79 in Timmons v. . . . We noted that the Legislature had repealed section 45.061 with respect to causes of action accruing after . . . We stated: In Leapai, this Court upheld the constitutionality of section 45.061 and found that the statute . . .
. . . for settlement made pursuant to Florida Rule of Civil Procedure 1.442, and Florida Statutes sections 45.061 . . .
. . . . § 45.061 to settle this case for the amount of $100.00 (One Hundred Dollars) upon a stipulation for . . .
. . . For example, Section 45.061, Florida Statutes (1997), which applies to causes of action accruing on or . . . Section 45.061 explicitly provides that the judgment obtained is “the total amount of money damages awarded . . . expenses reasonably incurred by the plaintiff or counter-plaintiff prior to the making of the offer.” § 45.061 . . . Williams court was interpreting section 768.79, the offer of judgment statute, and comparing it to section 45.061 . . . Legislature in 1990 consolidated the two statutes into section 768.79, in essence eliminating section 45.061 . . . made by defendants, in 1990 the Legislature consolidated the offer of judgment statute with section 45.061 . . . section 768.79 to cover both offers of settlement and judgment, and limited the applicability of section 45.061 . . .
. . . Combs, 608 So.2d 1 (Fla.1992), [W]e found sections 45.061, Florida Statutes (1987), and 768.79, Florida . . .
. . . Milton, 595 So.2d 12 (Fla.1992), ruled on the constitutionality of section 45.061, Florida Statutes ( . . .
. . . . § 45.061 and, in the alternative, Fla. . . . Stat. § 45.061 to settle this case for the amount of $100.00 (One Hundred Dollars) upon a stipulation . . . Stat. § 45.061, which is no longer effective, contained language indicating that an award of attorney . . . Stat. § 45.061, although it has been repealed for causes of action accruing after October 1, 1990. . . .
. . . Satter on June 27, 1996, in the tort action, Lytal Reiter did not move for attorney’s fees under section 45.061 . . .
. . . This rule was amended to reconcile, where possible, sections 44.102(6) (formerly 44.102(5)(b)), 45.061 . . .
. . . that rule 1.442 was amended to reconcile, where possible, sections 44.102(6) (formerly 44.102(5)(b)), 45.061 . . .
. . . For example, Section 45.061, Flor-ida Statutes (1997), which applies to causes of action accruing on . . . Section 45.061 explicitly provides that the judgment obtained is “the total amount of money damages awarded . . . expenses reasonably incurred by the plaintiff or counter-plaintiff prior to the making of the offer.” § 45.061 . . .
. . . involves the award of attorney’s fees in favor of Fur-man, pursuant to either section 768.79 or section 45.061 . . .
. . . Candyworld offered to settle the matter pursuant to section 45.061, Florida Statutes (1987), but the . . . court, and filed a timely motion for appellate attorney’s fees merely citing sections 627.428, 768.79, 45.061 . . .
. . . This much is made abundantly clear to me by subsection (b) of section 44.102, which states: “Sections 45.061 . . .
. . . assertion that it was entitled to a fee award under the alternative statutory grounds provided in sections 45.061 . . .
. . . mediation by court order, the time periods for responding to an offer of settlement pursuant to s. 45.061 . . .
. . . Section 45.061(2), Florida Statutes (1989) provides: (2) If, upon a motion by the offeror within 30 days . . .
. . . On June 20, 1991, the plaintiff filed a motion for costs and attorney fees pursuant to section 45.061 . . . On appeal, the First District interpreted section 45.061(2), a statute which was closely related to section . . . 768.79, and reversed, finding that pursuant to section 45.061(2), the thirty-day time limit to file . . . Similarly, section 45.061(2), Florida Statutes (1987), provides for this determination “upon a motion . . . The legislature repealed section 45.061 with respect to causes of actions accruing after October 1, 1990 . . .
. . . See, e.g., § 45.061 (offers of settlement); § 73.032 (offers of judgment in eminent domain actions); . . .
. . . favor of appellee Suzanne Combs, which was based on a $1,000 offer to settle made pursuant to section 45.061 . . .
. . . In fact, section 45.061(4), Florida Statutes, specifically exempts dissolution proceedings from the offer . . .
. . . This rule was amended to reconcile, where possible, sections 44.102(6) (formerly 44.102(5)(b)), 45.061 . . .
. . . mediation by court order, the time periods for responding to an offer of settlement pursuant to s. 45.061 . . . (b) Sections 45.061 and 768.79 notwithstanding, an offer of settlement or an offer or demand for judgment . . . In Leapai and Timmons we found sections 45.061, Florida Statutes (1987), and 768.79, Florida Statutes . . . Section 45.061, Florida Statutes (1987), which concerned offers of settlement and provided for attorney . . . Although the cause of action in this case accrued before that date, section 45.061 was not applicable . . .
. . . Milton, 595 So.2d 12 (Fla. 1992), our supreme court addressed a constitutional challenge to section 45.061 . . . Specifically, the court addressed the issue of whether section 45.061 violated the separation of powers . . . In deciding this issue, the court first recognized that the provisions of section 45.061 contained both . . . Section 44.102(5)(b) of the statute provides that: Sections 45.061 and 768.79 notwithstanding, an offer . . . notice that it was relying on section 44.102(5)(b): Moreover, we note that, recognizing that sections 45.061 . . .
. . . Bradbury then moved to tax attorney’s fees and costs pursuant to section 45.061(2), Florida Statutes, . . . Id.; § 45.061(2), Fla.Stat. . . .
. . . prevailing plaintiff pursuant to sections 376.313(5) (Pollutant Discharge Prevention and Control Act) and 45.061 . . . court found that the Schultzes were entitled to an award of attorney’s fees under sections 376.30 and 45.061 . . . We also affirm the trial court’s award of attorney’s fees under section 45.061 based upon its finding . . . Under section 45.061 attorney’s fees are automatic if the value of the judgment is 25% greater than the . . . between the time of the offer of settlement and the entry of the final judgment would be recoverable. § 45.061 . . .
. . . damages, the defendant unreasonably rejected the plaintiffs offer of settlement made pursuant to section 45.061 . . .
. . . trial court determined that Peat Marwick was entitled to attorney’s fees and costs pursuant to section 45.061 . . . litigation, was a valid offer to Parker Quillen in accordance with the following portion of section 45.061 . . . the offer, then Peat Mar-wick was rightfully awarded attorney’s fees and costs pursuant to section 45.061 . . . I would grant rehearing to clarify that the “relief’ contemplated in section 45.061, Florida Statutes . . .
. . . Gilbert appeals the trial court’s order denying her motion for attorney’s fees filed pursuant to section 45.061 . . . On June 28, 1989, Appellant filed an offer of settlement pursuant to section 45.061, in which she offered . . . In doing so, the trial court ruled that section 45.061 requires that a motion for fees by the offeror . . . Appellant maintains that because the legislature’s intent behind the enactment of section 45.061 was . . . aspects of section 45.061 remain intact. . . .
. . . Reeves made an offer of judgment to the Gasperins pursuant to sections 768.79 and 45.061, Florida Statutes . . .
. . . months after commencement of the action, Albertson made an offer of settlement, pursuant to section 45.061 . . . to tax costs as well as attorney’s fees based upon defendants’ rejection of the settlement offer. § 45.061 . . . We observe that the offer of settlement was properly made pursuant to section 45.061. . . .
. . . Persons more than $28,-000.00 in attorneys’ fees pursuant to section 45.061, Florida Statutes (1987). . . . Pursuant to section 45.061, Mr. . . . Persons unsuccessfully moved for attorneys’ fees in this court on a basis other than section 45.061. . . . Persons is not entitled to fees after that point under section 45.061. . . . We note that section 45.061 does not apply to causes of action accruing after October 1, 1990. . . .
. . . The motion stated that it was pursuant to section 45.061, Florida Statutes, but the attached offer of . . .
. . . rule of civil procedure, all of which employ different language governing offers of judgment: sections 45.061 . . . Section 45.061 reads as follows: (1) At any time more than 60 days after the service of a summons and . . . The district court affirmed the trial court’s denial of attorney’s fees under section 45.061 and Rule . . . In Leapai, this Court upheld the constitutionality of section 45.061 and found that the statute did not . . . Finally, the district court addressed the issue of attorney’s fees under section 45.061 and rule 1.442 . . . the majority’s approval of the district court’s decision upholding the constitutionality of sections 45.061 . . . defendant did not unreasonably reject the plaintiff’s demands for judgment under rule 1.442 and section 45.061 . . .
. . . 2d DCA 1993) (applying the prejudgment interest rule in Phillips to settlement offers under Section 45.061 . . .
. . . The defendants’ requests prompt an inquiry into the meaning and history of Section 45.061, Florida Statutes . . .
. . . (b) Sections 45.061 and 768.79 notwithstanding, an offer of settlement or an offer or demand for judgment . . .
. . . Bass also filed a motion for appellate attorney’s fees pursuant to Sections 627.428, 45.061, and 768.79 . . .
. . . Appellee cross-appeals the court’s denial of her request for attorney’s fees under section 45.061, Florida . . . Under section 45.061, there is a statutory rebuttable presumption that where there is a verdict for the . . .
. . . Both former Rule of Civil Procedure 1.442 and Florida Statutes Section 45.061 govern offers of judgment . . . See § 45.061(1), Fla. Stat. (1991); Fla.R.Civ.P. 1.442(b) (version effective January 1, 1990). . . . Therefore, neither former Rule 1.442 nor § 45.061 applies to this case. . . . conclusion here is not altered by Florida Statutes Section 44.102(5)(b), (1991), which provides: Sections 45.061 . . .
. . . 20, 1991, State Farm served the Malmbergs with an offer to settle for $100,-001 pursuant to sections 45.061 . . . The Malmbergs relied on section 45.061(2), which says that the rejection of an offer by the plaintiff . . . In Timmons, this Court held that section 45.061 applied to defendants’ verdicts. . . . We adhere to the Timmons rule that allows section 45.061 to be applied to verdicts for the defendant. . . . Section 45.061, Florida Statutes (1991), is solely controlling in this case. . . .
. . . She served three different offers of judgment, one under section 45.061, Florida Statutes (1987), one . . . We reverse the denial of attorney’s fees under section 768.79, but affirm denial under section 45.061 . . . Although the supreme court in Lea-pai decided only the constitutionality of section 45.061, it follows . . . section 768.79 and pointed out that the unreasonable rejection language, while appearing in section 45.061 . . . Section 45.061(2) provided that a court “may” award attorney’s fees if the court determines that an offer . . .
. . . Appellant appeals a denial of attorney’s fees under Section 45.061(2), Florida Statutes (1993). . . . Thereupon, the order appealed is affirmed. § 45.061(2), Fla.Stat. (1993). Affirmed. . . .
. . . Affirmed as to the denial of the award under section 45.061, Florida Statutes (1989). .WARNER, KLEIN . . .
. . . review a trial court’s decision to deny a motion for offer-of-judgment attorney’s fees under sections 45.061 . . . judgment in the amount of $500,000 under rule 1.442, Florida Rules of Civil Procedure, and sections 45.061 . . . Plaintiffs’ demand for judgment was made under both sections 45.061 and 768.79. . . . The finding that plaintiffs were not entitled to fees as a sanction under section 45.061(2) did not, . . . Section 45.061(2) then provided as follows: "If, upon a motion by the offeror within 30 days after the . . .
. . . Allstate served offers of judgment on the Buchanans in the amount of $10,000, pursuant to Sections 45.061 . . . We nevertheless conclude that Allstate is entitled to an attorney-fee award under section 45.061. . . . As stated in Leapai, the operative events that trigger the provisions of section 45.061 are the making . . . In that case the court noted that “the petitioner could have filed simultaneously under section 45.061 . . . Allstate’s motion for same pursuant to section 45.061. . . .
. . . verdict, State Farm filed its motion to tax costs and for attorney’s fees pursuant to sections 768.79 and 45.061 . . . We must, therefore, reverse the trial court’s finding that section 45.061, Florida Statutes is unconstitutional . . .
. . . cross appeal, FMHS argues that it is entitled to attorney fees and costs pursuant to sections 44.102, 45.061 . . . They referred to sections 45.061 and 768.79, and to Florida Rule of Civil Procedure 1.442. . . . rule — they were all served less than sixty days before trial, thereby failing to comply with section 45.061 . . . To the extent that section 44.102(5)(b) purports to amend both section 45.061 and section 768.79, it . . . Moreover, we note that, recognizing that sections 45.061 and 768.79 contained conflicting terms, and . . .
. . . jury verdict, Latosynski moved to have sanctions imposed against Pippin and Davis pursuant to sections 45.061 . . . The trial court denied the motion for sanctions, finding only section 45.061 and rule 1.442 applicable . . .
. . . Thus section 45.061 appears to be solely controlling in this case. . . . (emphasis added). § 45.061(3)(a), Fla.Stat. (1991). . . . .” § 45.061(2), Fla.Stat. (1991). . . . . § 45.061(6), Fla.Stat. (1991); Timmons v. . . . Combs, 608 So.2d 1 (Fla.1992). . § 45.061(2), Fla.Stat. (1991). . . .
. . . However, the court did err in awarding attorney’s fees to the school board under either section 45.061 . . . Similarly, although section 45.061 has been repealed as to causes of action accruing after October 1, . . . First, the provision repealing section 45.061 as to causes of action accruing after October 1, 1990, . . . Second, although Timmons overruled this court’s interpretation of the application of section 45.061, . . . Timmons cannot be applied to this case because the law to be applied when considering section 45.061 . . .
. . . Appellants assert that they filed a written offer of judgment “pursuant to sections 45.061 and 768.79 . . .
. . . and costs against convicted defendant represented by public defender or court appointed attorney); § 45.061 . . .
. . . 1988, before any discovery had been taken, GLATTHORN filed an Offer of Judgment pursuant to Section 45.061 . . . Section 45.061 provides, in pertinent part: (1) [A]ny party may serve upon an adverse party a written . . .
. . . After this action was instituted, Persons tendered an offer of judgment pursuant to section 45.061, Florida . . . Thus, according to section 45.061(2), such an offer “shall be presumed to have been unreasonably rejected . . .
. . . Edwards the Second District Court of Appeal held that an offer of settlement, under section 45.061, was . . . We approved this interpretation of section 45.061 in our decision in Leapai v. . . . Therefore, the approach we announced in Leapai, regarding offers of settlement under section 45.061, . . . As to the second argument, the petitioner could have filed simultaneously under section 45.061 had it . . . Additionally, we do not find any direct conflict between section 45.061 and section 768.79 that would . . .
. . . Smith also appealed the trial court’s award of attorney’s fees and court costs to SRI under sections 45.061 . . .
. . . [t]o the extent that procedural aspects of new rule 1.442 are inconsistent with sections 768.79 and 45.061 . . .
. . . that section 768.79, Florida Statutes (1989), requires a judgment in plaintiffs favor, but section 45.061 . . .
. . . Defendant based its offer of settlement/judgment on rule 1.442 and section 45.061, Florida Statutes ( . . . court has yet to pass on the issue whether defendant’s offer complied with the requirements of section 45.061 . . . It is now apparent that section 45.061 is not unconstitutional as an unwarranted interference with the . . . trial court for a determination in the first instance as to the formalities of compliance with section 45.061 . . .
. . . 'This is the appeal of a final judgment awarding attorneys’ fees to a defendant under section 45.061, . . . Prior to trial, Wal-Mart made an offer of judgment under section 45.061, Florida Statutes (1987) in the . . . The second issue on appeal concerns whether section 45.061, Florida Statutes (1987) permits an award . . . Section 45.061(2) requires the court to determine whether “an offer was rejected unreasonably” prior . . . and section 45.061 was preserved only for causes of action accruing before October 1, 1990. . . .
. . . The court should consider Rrule 1.442⅛ F-Ia.R.Civ.P, concerning offers of judgment and section 45.061 . . .
. . . Timmons then sought costs and attorney’s fees under section 45.061, Florida Statutes (1989), for Combs . . . First District Court of Appeal affirmed on the premise that a defendant may not recover under section 45.061 . . . Section 45.061, which applies to most court actions, is worded somewhat differently. . . . The court below construed section 45.061 in the same manner as the courts have interpreted section 768.79 . . . Section 45.061 does not specify in whose favor the judgment must be entered. . . .
. . . sanctions to Valdez because of Syracuse’s rejection of an offer of judgment made pursuant to section 45.061 . . .
. . . See, e.g„ §§ 27.56(1)(a); 45.061(3)(a); 253.03(13); 373.129(6); 489.132(3) 631.54(5); 895.05(7); 895.07 . . .
. . . for fees and costs based on Gilman’s alleged unreasonable refusal of a settlement offer under section 45.061 . . . court erred in finding that Gilman unnecessarily refused to settle with Kaufman, pursuant to section 45.061 . . .
. . . On April 29,1988, Collection tendered an $8,350 offer of judgment to Value pursuant to section 45.061 . . . In the present proceeding, Collection moved for sanctions under 45.061(2), (3), Florida Statutes (1987 . . . The trial judge denied the motion on the sole ground that section 45.061 was unconstitutional. . . . Milton, 595 So.2d 12 (Fla.1992) we conclude that section 45.061 is valid and enforceable. . . .
. . . made, and the plaintiff-appellee, Miriam Muskat, rejected an offer of settlement pursuant to section 45.061 . . . which the amount of the settlement offer was determined, Lennar moved for sanctions under sections 45.061 . . . Value Rent-A-Car, Inc., 595 So.2d 98 (Fla. 3d DCA 1992), we hold both that section 45.061 is constitutional . . . The cause is remanded solely for the purpose of determining the amount to be assessed under section 45.061 . . . (2). . 45.061 Offers of settlement— ****** (b) An offer shall be presumed to have been unreasonably rejected . . .
. . . Leapai, 562 So.2d 804 (Fla. 5th DCA 1990), in which that court held section 45.061, Florida Statutes . . . SECTION 45.061 CONSTITUTED THE ADOPTION OF A RULE OF PROCEDURE IN VIOLATION OF ARTICLE V, SECTION 2(a . . . SECTION 45.061 WHERE THE OFFER OF SETTLEMENT WAS MADE SUBSEQUENT TO THE ENACTMENT OF THE STATUTE BUT . . . In answering the first question, the district court of appeal declared section 45.061 unconstitutional . . . We conclude that the procedural aspects of section 45.061 encroach upon the authority of the supreme . . .
. . . Zar-ranz pursuant to Section 45.061, Florida Statutes (1987). . . . of settlement has been rejected is entitled to recover its reasonable attorney’s fees under Section 45.061 . . . Co., 581 So.2d 988 (Fla. 2d DCA 1991) (defendant can recover fees under § 45.061 only where a judgment . . .
. . . is an appeal from a final judgment awarding attorney’s fees to a victorious defendant under section 45.061 . . . Pertinent parts of Section 45.061, Florida Statutes provide as follows: (1) At any time more than 60 . . . Appellants challenge the constitutionality of section 45.061, citing Milton v. . . . judgment obtained by the plaintiff”, there is no comparable requirement in section 45.061. . . . The legislature concluded that it would be covered by the existing version of section 45.061. . . .
. . . The appellee cross-appealed the trial court’s denial of his motion for sanctions, pursuant to section 45.061 . . .
. . . In addition, defendant also extended an offer of settlement to plaintiff pursuant to section 45.061, . . . Section 45.061, Florida Statutes, provides in part: An offer shall be presumed to have been unreasonably . . .
. . . Prior to trial, on March 28, 1990, CAVALIER, pursuant to Florida Statutes section 45.061, filed an Offer . . . CAVALIER specifically relied on Florida Statutes sections 45.061 and 768.79. . . . ruled CAVALIER and GREAT DANE were not entitled to attorneys’ fees under Florida Statutes sections 45.061 . . . A recent case construing Florida Statute 45.061 governing offers of settlement and the award of attorneys . . . Richardson also held section 45.061 to be substantive law and therefore retrospective [sic] application . . .
. . . this appeal is whether the trial judge properly denied appellant attorney’s fees pursuant to section 45.061 . . . This court has previously held section 45.061 to be constitutional. A.G. Edwards & Sons, Inc. v. . . . holding that the circumstances of this case constituted a “test-case” within the contemplation of section 45.061 . . .
. . . In making this award as to Richardson’s individual claims, the court relied on section 45.061 and rule . . . See section 45.061(2), Fla.Stat. While dicta in Makar v. . . . Like section 45.061, rule 1.442 (1988) does not apply if a judgment is not rendered in favor of the party . . . Since the appellee did not establish the necessary predicate to invoke either section 45.061 or rule . . . Richardson also argues that section 45.061, Florida Statutes unconstitutionally infringes upon the Florida . . .