Florida Statute 768.79 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

View Entire Chapter

F.S. 768.79

768.79 Offer of judgment and demand for judgment.—

(1) In any civil action for damages filed in the courts of this state, if a defendant files an offer of judgment which is not accepted by the plaintiff within 30 days, the defendant shall be entitled to recover reasonable costs and attorney’s fees incurred by her or him or on the defendant’s behalf pursuant to a policy of liability insurance or other contract from the date of filing of the offer if the judgment is one of no liability or the judgment obtained by the plaintiff is at least 25 percent less than such offer, and the court shall set off such costs and attorney’s fees against the award. Where such costs and attorney’s fees total more than the judgment, the court shall enter judgment for the defendant against the plaintiff for the amount of the costs and fees, less the amount of the plaintiff’s award. If a plaintiff files a demand for judgment which is not accepted by the defendant within 30 days and the plaintiff recovers a judgment in an amount at least 25 percent greater than the offer, she or he shall be entitled to recover reasonable costs and attorney’s fees incurred from the date of the filing of the demand. If rejected, neither an offer nor demand is admissible in subsequent litigation, except for pursuing the penalties of this section.

(2) The making of an offer of settlement which is not accepted does not preclude the making of a subsequent offer. An offer must:

(a) Be in writing and state that it is being made pursuant to this section.

(b) Name the party making it and the party to whom it is being made.

(d) State its total amount.

The offer shall be construed as including all damages which may be awarded in a final judgment.

(3) The offer shall be served upon the party to whom it is made, but it shall not be filed unless it is accepted or unless filing is necessary to enforce the provisions of this section.

(4) An offer shall be accepted by filing a written acceptance with the court within 30 days after service. Upon filing of both the offer and acceptance, the court has full jurisdiction to enforce the settlement agreement.

(5) An offer may be withdrawn in writing which is served before the date a written acceptance is filed. Once withdrawn, an offer is void.

(6) For a breach of contract action, a property insurer may make a joint offer of judgment or settlement that is conditioned on the mutual acceptance of all the joint offerees.

(7) Upon motion made by the offeror within 30 days after the entry of judgment or after voluntary or involuntary dismissal, the court shall determine the following:

(a) If a defendant serves an offer which is not accepted by the plaintiff, and if the judgment obtained by the plaintiff is at least 25 percent less than the amount of the offer, the defendant shall be awarded reasonable costs, including investigative expenses, and attorney’s fees, calculated in accordance with the guidelines promulgated by the Supreme Court, incurred from the date the offer was served, and the court shall set off such costs in attorney’s fees against the award. When such costs and attorney’s fees total more than the amount of the judgment, the court shall enter judgment for the defendant against the plaintiff for the amount of the costs and fees, less the amount of the award to the plaintiff.

(b) If a plaintiff serves an offer which is not accepted by the defendant, and if the judgment obtained by the plaintiff is at least 25 percent more than the amount of the offer, the plaintiff shall be awarded reasonable costs, including investigative expenses, and attorney’s fees, calculated in accordance with the guidelines promulgated by the Supreme Court, incurred from the date the offer was served.

For purposes of the determination required by paragraph (a), the term “judgment obtained” means the amount of the net judgment entered, plus any postoffer collateral source payments received or due as of the date of the judgment, plus any postoffer settlement amounts by which the verdict was reduced. For purposes of the determination required by paragraph (b), the term “judgment obtained” means the amount of the net judgment entered, plus any postoffer settlement amounts by which the verdict was reduced.

(8)(a) If a party is entitled to costs and fees pursuant to the provisions of this section, the court may, in its discretion, determine that an offer was not made in good faith. In such case, the court may disallow an award of costs and attorney’s fees.

(b) When determining the reasonableness of an award of attorney’s fees pursuant to this section, the court shall consider, along with all other relevant criteria, the following additional factors:

1. The then apparent merit or lack of merit in the claim.

2. The number and nature of offers made by the parties.

3. The closeness of questions of fact and law at issue.

4. Whether the person making the offer had unreasonably refused to furnish information necessary to evaluate the reasonableness of such offer.

5. Whether the suit was in the nature of a test case presenting questions of far-reaching importance affecting nonparties.

6. The amount of the additional delay cost and expense that the person making the offer reasonably would be expected to incur if the litigation should be prolonged.

(9) Evidence of an offer is admissible only in proceedings to enforce an accepted offer or to determine the imposition of sanctions under this section.

History.—s. 58, ch. 86-160; s. 48, ch. 90-119; s. 1175, ch. 97-102; s. 24, ch. 2022-271.

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Amendments to 768.79

Annotations, Discussions, Cases:

Cases Citing Statute 768.79

Total Results: 842

Willis Shaw Express, Inc. v. Hilyer Sod, Inc.

849 So. 2d 276, 28 Fla. L. Weekly Supp. 225, 2003 Fla. LEXIS 382, 2003 WL 1089304

Supreme Court of Florida | Filed: Mar 13, 2003 | Docket: 2514907

Cited 121 times | Published

greater than the proposed settlement amount. See § 768.79(1), Fla. Stat. (1999). Hilyer Sod, appeals arguing

State Farm Mut. Auto. Ins. Co. v. Nichols

932 So. 2d 1067, 31 Fla. L. Weekly Supp. 358, 2006 Fla. LEXIS 982, 2006 WL 1491542

Supreme Court of Florida | Filed: Jun 1, 2006 | Docket: 1072860

Cited 117 times | Published

costs under the offer of judgment statute. See § 768.79, Fla. Stat. (1999). The county court initially

McMahan v. Toto

311 F.3d 1077, 2002 U.S. App. LEXIS 23059, 2002 WL 31477305

Court of Appeals for the Eleventh Circuit | Filed: Nov 6, 2002 | Docket: 64097858

Cited 101 times | Published

apply its offer of judgment statute, Fla. Stat. § 768.79, in a case tried in Florida but for which the

Rollins v. Pizzarelli

761 So. 2d 294, 2000 WL 551032

Supreme Court of Florida | Filed: May 4, 2000 | Docket: 1299957

Cited 90 times | Published

reasonable costs and attorney's fees under section 768.79, Florida Statutes (1991).[3]See Pizzarelli

Allstate Ins. Co. v. Manasse

707 So. 2d 1110, 23 Fla. L. Weekly Supp. 30, 1998 Fla. LEXIS 33, 1998 WL 10278

Supreme Court of Florida | Filed: Jan 15, 1998 | Docket: 1675767

Cited 77 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (1993).").

TGI Friday's, Inc. v. Dvorak

663 So. 2d 606, 1995 WL 500366

Supreme Court of Florida | Filed: Aug 24, 1995 | Docket: 1313662

Cited 77 times | Published

constitutionality of the offer of judgment statute, section 768.79, Florida Statutes (1987), and held that the

HSI Chang v. JP Morgan Chase bank, N.A.

845 F.3d 1087

Court of Appeals for the Eleventh Circuit | Filed: Jan 6, 2017 | Docket: 4563297

Cited 71 times | Published

offer-of-judgment statute. See Fla. Stat. § 768.79. The district court granted the Bank’s motion

D'ANGELO v. Fitzmaurice

863 So. 2d 311, 2003 WL 22799461

Supreme Court of Florida | Filed: Nov 26, 2003 | Docket: 2514905

Cited 69 times | Published

an attorney's fees and cost question under section 768.79, Florida Statutes (1997). We accept jurisdiction

D. Bruce McMahan Nemesis Veritas, F.K.A., McMahan & Company v. William A. Toto, D. Bruce McMahan Nemesis Veritas, F.K.A. McMahan & Company, Plaintiffs-Appellants-Cross-Appellees v. William A. Toto, Defendant-Appellee-Cross-Appellant

311 F.3d 1077

Court of Appeals for the Eleventh Circuit | Filed: Nov 6, 2002 | Docket: 197946

Cited 67 times | Published

apply its offer of judgment statute, Fla. Stat. § 768.79, in a case tried in Florida but for which the

Jones v. United Space Alliance, L.L.C.

494 F.3d 1306, 2007 U.S. App. LEXIS 18751, 90 Empl. Prac. Dec. (CCH) 42,939, 101 Fair Empl. Prac. Cas. (BNA) 329, 2007 WL 2254510

Court of Appeals for the Eleventh Circuit | Filed: Aug 8, 2007 | Docket: 1611318

Cited 65 times | Published

Florida's offer-of-judgment statute, Fla. Stat. Ann. § 768.79. The district court denied attorneys' fees, finding

Horowitch v. DIAMOND AIRCRAFT INDUSTRIES, INC.

645 F.3d 1254, 2011 WL 2638142

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2011 | Docket: 425900

Cited 60 times | Published

Florida's offer of judgment statute, Fla. Stat. § 768.79, Florida Rule of Civil Procedure 1.442, and the

Schmidt v. Fortner

629 So. 2d 1036, 1993 WL 538238

District Court of Appeal of Florida | Filed: Dec 29, 1993 | Docket: 1677518

Cited 54 times | Published

claimed that the 30-day period provided under section 768.79 was too short to allow for consideration of

Campbell v. Goldman

959 So. 2d 223, 2007 WL 1703503

Supreme Court of Florida | Filed: Jun 14, 2007 | Docket: 1525775

Cited 52 times | Published

442 but did not cite the applicable statute, section 768.79, Florida Statutes (2003). On May 27, 2004,

Diamond Aircraft Industries, Inc. v. Horowitch

107 So. 3d 362, 38 Fla. L. Weekly Supp. 17, 2013 Fla. LEXIS 34, 2013 WL 105328

Supreme Court of Florida | Filed: Jan 10, 2013 | Docket: 60228653

Cited 46 times | Published

*365THE ENTIRETY OF THE LITIGATION? DOES FLA. STAT. § 768.79 APPLY TO CASES THAT SEEK EQUITABLE RELIEF IN THE

Timmons v. Combs

608 So. 2d 1, 1992 WL 156471

Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 1449120

Cited 45 times | Published

considering the interplay between section 45.061 and section 768.79, Florida Statutes (1989). The latter statute

Government Employees Insurance Company v. Alysia M. Macedo

228 So. 3d 1111, 2017 WL 2981812

Supreme Court of Florida | Filed: Jul 13, 2017 | Docket: 6089478

Cited 42 times | Published

fees awarded against the insured pursuant to section 768.79, Florida Statutes, the offer of judgment statute

Susanne L. Kuhajda v. Borden Dairy Company of Alabama, LLC.

202 So. 3d 391, 41 Fla. L. Weekly Supp. 471, 2016 Fla. LEXIS 2334

Supreme Court of Florida | Filed: Oct 20, 2016 | Docket: 4481078

Cited 40 times | Published

judgment to trigger the payment of fees under section 768.79(1), Florida Statutes. Following entry of judgment

Winkelman v. Toll

632 So. 2d 130, 1994 WL 34003

District Court of Appeal of Florida | Filed: Feb 9, 1994 | Docket: 179325

Cited 38 times | Published

fee after a rejected offer of judgment under section 768.79(7)(b), Florida Statutes. It makes no sense

Sarkis v. Allstate Ins. Co.

863 So. 2d 210, 28 Fla. L. Weekly Supp. 740, 119 A.L.R. 5th 611, 2003 Fla. LEXIS 1710, 2003 WL 22250352

Supreme Court of Florida | Filed: Oct 2, 2003 | Docket: 1432415

Cited 36 times | Published

offer of judgment for $10,000, pursuant to section 768.79, Florida Statutes (1997), and Florida Rule

Lucas v. Calhoun

813 So. 2d 971, 2002 WL 246676

District Court of Appeal of Florida | Filed: Feb 22, 2002 | Docket: 1403111

Cited 36 times | Published

that his proposal for settlement pursuant to section 768.79, Florida Statutes (1999), and Florida Rule

Lamb v. Matetzschk

906 So. 2d 1037, 2005 WL 1475395

Supreme Court of Florida | Filed: Jun 23, 2005 | Docket: 2490616

Cited 35 times | Published

was entitled to attorney's fees pursuant to section 768.79, Florida Statutes (1999).[1] Two hearings were

Nordyne v. Florida Mobile Home Supply

625 So. 2d 1283, 1993 Fla. App. LEXIS 10648, 1993 WL 419166

District Court of Appeal of Florida | Filed: Oct 20, 1993 | Docket: 474261

Cited 34 times | Published

102(5)(b) purports to amend both section 45.061 and section 768.79, it may best be described as a trap set by

In Re Amend. to Fla. Rules of Civ. Proc.

682 So. 2d 105, 1996 WL 627562

Supreme Court of Florida | Filed: Oct 31, 1996 | Docket: 2448566

Cited 29 times | Published

words "the entitlement to," is at variance with section 768.79, Florida Statutes (1995), which states in subdivision

Attorneys' Title Insurance Fund, Inc. v. Gorka

36 So. 3d 646, 35 Fla. L. Weekly Supp. 196, 2010 Fla. LEXIS 470, 2010 WL 1235268

Supreme Court of Florida | Filed: Apr 1, 2010 | Docket: 87641

Cited 28 times | Published

for settlement on the respondents pursuant to section 768.79, Florida Statutes (2004), and Florida Rule

CAREY-ALL TRANSPORT, INC. v. Newby

989 So. 2d 1201, 2008 Fla. App. LEXIS 12093, 2008 WL 3362321

District Court of Appeal of Florida | Filed: Aug 13, 2008 | Docket: 1213592

Cited 28 times | Published

entitled to recover its fees and costs under section 768.79, Florida Statutes (2007).[2] At the hearing

Troy Anderson v. Hilton Hotels Corporation, etc.

202 So. 3d 846, 41 Fla. L. Weekly Supp. 500, 2016 Fla. LEXIS 2421

Supreme Court of Florida | Filed: Nov 3, 2016 | Docket: 4485246

Cited 27 times | Published

Settlement is made pursuant to Florida Statute § 768.79, and is extended in accordance with the provisions

Kearney v. Auto-Owners Insurance

713 F. Supp. 2d 1369, 2010 U.S. Dist. LEXIS 56169, 2010 WL 1949633

District Court, M.D. Florida | Filed: May 14, 2010 | Docket: 2405532

Cited 27 times | Published

Federal Rules of Civil Procedure, Florida Statute § 768.79, and Rule 1.442 of the Florida Rules of Civil

United Services Auto. Ass'n v. Behar

752 So. 2d 663, 2000 WL 146050

District Court of Appeal of Florida | Filed: Jan 21, 2000 | Docket: 2517689

Cited 25 times | Published

attorney fees under the offer of judgment statute, section 768.79, Florida Statutes (1995), and rule 1.442, and

Levy v. Levy

900 So. 2d 737

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 463114

Cited 24 times | Published

the statute concerning offers of judgment, section 768.79, Florida Statutes (2002), is limited by its

Fisher v. John Carter and Associates, Inc.

864 So. 2d 493, 2004 WL 32668

District Court of Appeal of Florida | Filed: Jan 7, 2004 | Docket: 1727525

Cited 24 times | Published

specified time ..., by these rules"). Former section 768.79, Florida Statutes (1991) (offer of judgment

BD. OF TRUSTEES OF FL. ATL. UNIV. v. Bowman

853 So. 2d 507

District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 1660281

Cited 24 times | Published

court should have enforced its rights under section 768.79, Florida Statutes (1997). We agree. With respect

Eagleman v. Eagleman

673 So. 2d 946, 1996 WL 267913

District Court of Appeal of Florida | Filed: May 22, 1996 | Docket: 1246247

Cited 23 times | Published

wife, Pamela Eagleman (defendant), pursuant to section 768.79, Florida Statutes, 1993, commonly referred

White v. Steak and Ale of Florida, Inc.

816 So. 2d 546, 2002 WL 571649

Supreme Court of Florida | Filed: Apr 18, 2002 | Docket: 1565600

Cited 22 times | Published

whether, under the offer of judgment statute, section 768.79, Florida Statutes (1993), pre-offer taxable

Marriott International, Inc. v. Perez-Melendez

855 So. 2d 624, 2003 WL 21713741

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 1752575

Cited 21 times | Published

multiplier to the fee awarded her pursuant to section 768.79, Florida Statutes, we affirm based on our decision

Nichols v. State Farm Mut.

851 So. 2d 742, 2003 Fla. App. LEXIS 8794, 2003 WL 21359343

District Court of Appeal of Florida | Filed: Jun 13, 2003 | Docket: 1691422

Cited 21 times | Published

awarded under the offer of judgment statute, section 768.79, Florida Statutes (1999). Insured contends

McFarland & Son, Inc. v. Basel

727 So. 2d 266, 1999 WL 12926

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 1438932

Cited 21 times | Published

through their undersigned counsel, and pursuant to § 768.79, Florida Statutes, hereby serves this Offer of

Fox v. McCaw Cellular Communications

745 So. 2d 330, 1998 WL 870859

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 1689183

Cited 21 times | Published

"nominal"[1] offers of settlement *332 under section 768.79.[2] Plaintiff was employed by Florida Cellular

Mills v. Martinez

909 So. 2d 340, 2005 WL 1583740

District Court of Appeal of Florida | Filed: Jul 8, 2005 | Docket: 1663338

Cited 20 times | Published

filed prematurely with the court contrary to section 768.79(3), Florida Statutes (2004), and Florida Rule

Hold v. Manzini

736 So. 2d 138, 24 Fla. L. Weekly Fed. D 1540

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 1736615

Cited 20 times | Published

judgment against the Holds for $50,000 pursuant to section 768.79, Florida Statutes (1993). As alleged in this

Wentworth v. Johnson

845 So. 2d 296, 2003 WL 21105361

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 1432712

Cited 18 times | Published

Gulliver dealt with the statutory requirement of § 768.79(6), Florida Statutes, for the filing of a motion

Barnes v. the Kellogg Co.

846 So. 2d 568, 2003 WL 1936397

District Court of Appeal of Florida | Filed: Apr 25, 2003 | Docket: 1301456

Cited 18 times | Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (1999). Ms. Barnes argues

Allstate Ins. Co. v. Manasse

681 So. 2d 779, 1996 WL 539838

District Court of Appeal of Florida | Filed: Sep 25, 1996 | Docket: 1722240

Cited 18 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (1993). [2] "Palliative"

Williams v. Brochu

578 So. 2d 491, 1991 WL 61807

District Court of Appeal of Florida | Filed: Apr 25, 1991 | Docket: 440446

Cited 18 times | Published

Judge. This case involves an interpretation of section 768.79(1), Florida Statutes (1986),[1] which provides

Oriental Imports, Inc. v. Alilin

559 So. 2d 442, 1990 WL 41673

District Court of Appeal of Florida | Filed: Apr 12, 1990 | Docket: 1525494

Cited 18 times | Published

two pre-trial offers of judgment, pursuant to Section 768.79, Florida Statutes (1987), which the plaintiffs

Makar v. Investors Real Estate Management, Inc.

553 So. 2d 298, 1989 WL 145725

District Court of Appeal of Florida | Filed: Nov 30, 1989 | Docket: 1259226

Cited 18 times | Published

Maze, 339 So.2d 202, 203 (Fla. 1976). Under section 768.79(1)(a), a defendant is entitled to recover costs

Massey v. David

979 So. 2d 931, 2008 WL 878488

Supreme Court of Florida | Filed: Apr 3, 2008 | Docket: 1408031

Cited 17 times | Published

failure to "create" a substantive right since section 768.79, Florida Statutes, already created the substantive

Spruce Creek Dev. of Ocala v. Drew

746 So. 2d 1109, 1999 WL 754708

District Court of Appeal of Florida | Filed: Sep 24, 1999 | Docket: 1714913

Cited 17 times | Published

it void for failure to expressly reference section 768.79, Florida Statutes. This is an insignificant

MGR EQUIP. v. Wilson Ice Enterprises

731 So. 2d 1262, 1999 WL 160407

Supreme Court of Florida | Filed: Mar 25, 1999 | Docket: 2448519

Cited 17 times | Published

ENTERPRISES, INC., a Florida Corporation, pursuant to Section 768.79, Florida Statutes, hereby makes this Offer

Mujica v. Turner

582 So. 2d 24, 1991 WL 92368

District Court of Appeal of Florida | Filed: Jun 4, 1991 | Docket: 325868

Cited 17 times | Published

defendant's motion for attorney's fees under Section 768.79, Florida Statutes (1989) and Fla.R. Civ.P.

Menchise v. Akerman Senterfitt

532 F.3d 1146, 2008 U.S. App. LEXIS 13970, 2008 WL 2597046

Court of Appeals for the Eleventh Circuit | Filed: Jul 2, 2008 | Docket: 399199

Cited 16 times | Published

under Florida law. Fla. Stat. § 768.79. Steffen argues that section 768.79 is inapplicable in a bankruptcy

Gulliver Academy, Inc. v. Bodek

694 So. 2d 675, 1997 WL 45087

Supreme Court of Florida | Filed: Feb 6, 1997 | Docket: 1450586

Cited 16 times | Published

offer of judgment on the plaintiffs pursuant to section 768.79, Florida Statutes (Supp. 1990), which the plaintiffs

Peoples Gas System v. Acme Gas Corp.

689 So. 2d 292, 1997 WL 11542

District Court of Appeal of Florida | Filed: Jan 15, 1997 | Docket: 2509679

Cited 16 times | Published

Gas attorney's fees and costs. Pursuant to section 768.79(1), Florida Statutes (1991)[9], Metrogas and

Knealing v. Puleo

675 So. 2d 593, 1996 WL 336080

Supreme Court of Florida | Filed: Jun 20, 1996 | Docket: 2448545

Cited 16 times | Published

a basis to award fees and costs pursuant to section 768.79(1)(a), Florida Statutes (1989).[2] Because

Allstate Indem. Co. v. Hingson

808 So. 2d 197, 27 Fla. L. Weekly Supp. 69, 2002 Fla. LEXIS 26, 2002 WL 58575

Supreme Court of Florida | Filed: Jan 17, 2002 | Docket: 1474298

Cited 15 times | Published

Allstate served its motion for fees under section 768.79, Florida Statutes (1995), based on the $30

FLIGHT EXP., INC. v. Robinson

736 So. 2d 796, 1999 WL 492615

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 1736539

Cited 15 times | Published

trial court to consider attorney's fees under section 768.79, Florida Statutes (1995) stemming from the

Schussel v. Ladd Hairdressers, Inc.

736 So. 2d 776, 1999 WL 454397

District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 1736623

Cited 15 times | Published

judgment in the amount of $10,000.00 pursuant to section 768.79, Florida Statutes (1995) and Florida Rule of

State Farm Mut. Auto. Ins. Co. v. Marko

695 So. 2d 874, 1997 WL 336269

District Court of Appeal of Florida | Filed: Jun 20, 1997 | Docket: 1522033

Cited 15 times | Published

pursuant to the offer of judgment filed under section 768.79, Florida Statutes (1993). We will first address

KCIN, INC. v. Canpro Investments, Ltd.

675 So. 2d 222, 1996 Fla. App. LEXIS 5927, 1996 WL 303084

District Court of Appeal of Florida | Filed: Jun 7, 1996 | Docket: 1322768

Cited 15 times | Published

as a result of an offer of judgment based on section 768.79. We affirm the denial based on section 57.105

Pippin v. Latosynski

622 So. 2d 566, 1993 WL 288735

District Court of Appeal of Florida | Filed: Aug 4, 1993 | Docket: 1529059

Cited 15 times | Published

trial court's order finding section 768.79 inapplicable. Section 768.79, Florida Statutes (Supp. 1990)

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110, 1992 WL 163953

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686576

Cited 15 times | Published

shall comply with the procedure set forth in section 768.79, Florida Statutes (1991). (a) Applicability

BDO Seidman v. British Car Auctions, Inc.

802 So. 2d 366, 2001 WL 1335013

District Court of Appeal of Florida | Filed: Oct 31, 2001 | Docket: 1698945

Cited 14 times | Published

party made an offer of judgment pursuant to section 768.79, Florida Statutes (1991), but neither offer

Allstate Ins. Co. v. Materiale

787 So. 2d 173, 2001 WL 497115

District Court of Appeal of Florida | Filed: May 11, 2001 | Docket: 1745014

Cited 14 times | Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (1999), Barbara and Gerard

Oruga Corp. v. AT&T WIRELESS OF FLORIDA

712 So. 2d 1141, 1998 WL 299877

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 1471898

Cited 14 times | Published

issue of whether the offer of judgment statute, section 768.79, Florida Statutes (1995), is applicable to

Weesner v. United Services Auto. Ass'n

711 So. 2d 1192, 1998 WL 199662

District Court of Appeal of Florida | Filed: Apr 24, 1998 | Docket: 1700537

Cited 14 times | Published

attorney's fees under the offer of judgment statute, section 768.79, Florida Statutes (1993). SUMMARY JUDGMENT

MX INVESTMENTS INC. v. Crawford

700 So. 2d 640, 1997 WL 539222

Supreme Court of Florida | Filed: Sep 4, 1997 | Docket: 1719702

Cited 14 times | Published

assess attorney fees and tax costs pursuant to section 768.79, Florida Statutes (1991), and Florida Rule

Security Professionals, Inc. v. Segall

685 So. 2d 1381, 1997 WL 4631

District Court of Appeal of Florida | Filed: Jan 8, 1997 | Docket: 1735138

Cited 14 times | Published

shall comply with the procedure set forth in Section 768.79, Florida Statutes (1991)," with respect to

Garan Inc. v. M/V AIVIK

907 F. Supp. 397, 1995 WL 688455

District Court, S.D. Florida | Filed: Jul 28, 1995 | Docket: 2100916

Cited 14 times | Published

offer of judgment pursuant to Florida Statutes § 768.79[1] in the amount of $500 to Plaintiff *399 INA

Adrian Fridman v. Safeco Insurance Company of Illinois

185 So. 3d 1214, 41 Fla. L. Weekly Supp. 62, 2016 Fla. LEXIS 394, 2016 WL 743258

Supreme Court of Florida | Filed: Feb 25, 2016 | Docket: 3039161

Cited 13 times | Published

to Florida Rulé of Civil Procedure 1.442 and section 768.79, Florida Statutes. (2010), in the amount of

Shands Teaching Hospital & Clinic, Inc. v. Mercury Insurance Co. of Florida

97 So. 3d 204, 37 Fla. L. Weekly Supp. 407, 2012 Fla. LEXIS 1136, 2012 WL 2035832

Supreme Court of Florida | Filed: Jun 7, 2012 | Docket: 60311731

Cited 13 times | Published

a settlement proposal on Shands pursuant to section 768.79, Florida Statutes (2006), offering to pay Shands

Southeast Floating Docks, Inc. v. Auto-Owners Insurance Co.

82 So. 3d 73, 37 Fla. L. Weekly Supp. 63, 2012 WL 301029, 2012 Fla. LEXIS 236

Supreme Court of Florida | Filed: Feb 2, 2012 | Docket: 60306255

Cited 13 times | Published

find that section 768.79 is procedural for conflict of law purposes, I would find section 768.79 applicable

Saenz v. Campos

967 So. 2d 1114, 2007 WL 3355558

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1733427

Cited 13 times | Published

appellees. MAY, J. Technical compliance with section 768.79, Florida Statutes (2006), is challenged in

Saia Motor Freight Line, Inc. v. Reid

888 So. 2d 102, 2004 WL 2727526

District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 1327853

Cited 13 times | Published

judgment must be served by the party plaintiff. § 768.79, Fla. Stat. (2004); Fla. R. Civ. P. 1.442(c)(3)

Mediplex Const. of Florida, Inc. v. Schaub

856 So. 2d 13, 2003 Fla. App. LEXIS 13193, 2003 WL 22047323

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1298300

Cited 13 times | Published

(Fla. 3d DCA 1998)(barring fees for fees under section 768.79(6)(a), Florida Statutes (1995)); Dep't of Transp

Pirelli Armstrong Tire Corp. v. Jensen

752 So. 2d 1275, 2000 WL 280031

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 1682413

Cited 13 times | Published

assessment of attorneys' fees against it under section 768.79, Florida Statues (1993), the offer of judgment

Jordan v. Food Lion, Inc.

670 So. 2d 138, 1996 WL 119491

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 1245756

Cited 13 times | Published

the trial court erred in its construction of section 768.79, Florida Statutes (Supp.1990), to deny an award

Jordan v. Food Lion, Inc.

670 So. 2d 138, 1996 WL 119491

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 1245756

Cited 13 times | Published

the trial court erred in its construction of section 768.79, Florida Statutes (Supp.1990), to deny an award

Auto-Owners Insurance v. Southeast Floating Docks, Inc.

632 F.3d 1195, 2011 U.S. App. LEXIS 2378, 2011 WL 383973

Court of Appeals for the Eleventh Circuit | Filed: Feb 8, 2011 | Docket: 2341493

Cited 12 times | Published

Florida's offer of judgment statute, Fla. Stat. § 768.79, and Florida Rule of Civil Procedure 1.442. First

Frosti v. Creel

979 So. 2d 912, 2008 WL 731912

Supreme Court of Florida | Filed: Mar 20, 2008 | Docket: 1150462

Cited 12 times | Published

entitled to attorney fees and costs pursuant to section 768.79, Florida Statutes (2001), and Florida Rule

POLO HOLDINGS v. Village of Wellington

904 So. 2d 652, 2005 Fla. App. LEXIS 10091, 2005 WL 1522737

District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 87631

Cited 12 times | Published

the trial court awarded attorney's fees under section 768.79, holding that the proposal was legally sufficient

Thompson v. Hodson

825 So. 2d 941

District Court of Appeal of Florida | Filed: May 9, 2002 | Docket: 1691138

Cited 12 times | Published

in order to comply with the requirements of section 768.79 and Florida Rule of Civil Procedure 1.442.

Pirelli Armstrong Tire Corp. v. Jensen

777 So. 2d 973, 26 Fla. L. Weekly Supp. 73, 2001 Fla. LEXIS 252, 2001 WL 101710

Supreme Court of Florida | Filed: Feb 8, 2001 | Docket: 1513897

Cited 12 times | Published

MULTIPLIER TO AN AWARD OF ATTORNEY'S FEES UNDER SECTION 768.79, FLORIDA STATUTES (1993), THE OFFER OF JUDGMENT

McKenna v. Carlson

771 So. 2d 555, 2000 WL 1298764

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 1339221

Cited 12 times | Published

term is used in the offer of judgment statute, section 768.79, Florida Statutes.[1] Carlson alleged that

DEPARTMENT OF HIGHWAY SAFETY v. Weinstein

747 So. 2d 1019, 1999 WL 1144800

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1475798

Cited 12 times | Published

defendant below, applied for attorney's fees under section 768.79, Florida Statutes (1995), because the plaintiff

Haas Automation, Inc. v. Fox

243 So. 3d 1017

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354231

Cited 11 times | Published

Florida Rule of Civil Procedure 1.442(d) and section 768.79 of the Florida Statues, proposals for settlement

ATTORNEYS'TITLE INS. FUND, INC. v. Gorka

989 So. 2d 1210, 2008 WL 4057113

District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 1665826

Cited 11 times | Published

settlement on Gorka and Larson pursuant to section 768.79, Florida Statutes (2004), and Florida Rule

Dresdner, Md, Pa v. Charter Oak

972 So. 2d 275, 2008 WL 161014

District Court of Appeal of Florida | Filed: Jan 18, 2008 | Docket: 1650034

Cited 11 times | Published

was based on a proposal for settlement under section 768.79, Florida Statutes (2001), and rule 1.442 of

Chodorow v. Moore

947 So. 2d 577, 2007 WL 5761

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 1720474

Cited 11 times | Published

after September 1, 2004, as a consequence of section 768.79, Florida Statutes, the offer of judgment statute

Hall v. Lexington Ins. Co.

895 So. 2d 1161, 2005 WL 356956

District Court of Appeal of Florida | Filed: Feb 16, 2005 | Docket: 2514897

Cited 11 times | Published

determining that Lexington was entitled to fees under section 768.79, Florida Statutes (2001). The Halls opposed

Doss v. Bank of America, NA

857 So. 2d 991, 2003 Fla. App. LEXIS 16524, 2003 WL 22458878

District Court of Appeal of Florida | Filed: Oct 31, 2003 | Docket: 1759266

Cited 11 times | Published

1994). [7] The offer of judgment statute, section 768.79, adds the strong inducement of attorney's fees

Hull & Company, Inc. v. Thomas

834 So. 2d 904, 2003 WL 48034

District Court of Appeal of Florida | Filed: Jan 8, 2003 | Docket: 1697645

Cited 11 times | Published

fee award under section 768.79 must be reversed. The 1989 version of section 768.79 applies to this case

Island Hoppers, Ltd. v. Keith

820 So. 2d 967, 2002 WL 1059152

District Court of Appeal of Florida | Filed: May 29, 2002 | Docket: 1715530

Cited 11 times | Published

Estate moved for its attorneys' fees pursuant to section 768.79.[1] The court held the Estate's recovery was

Zalis v. MEJ Rich Corp.

797 So. 2d 1289, 2001 WL 1335093

District Court of Appeal of Florida | Filed: Oct 31, 2001 | Docket: 795291

Cited 11 times | Published

made a motion for attorneys' fees pursuant to section 768.79 of the Florida Statutes. The trial court found

C & S CHEMICALS, INC. v. McDougald

754 So. 2d 795, 2000 Fla. App. LEXIS 3673, 2000 WL 313310

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 1523549

Cited 11 times | Published

Perry, C & S, and Ryder jointly, pursuant to section 768.79, Florida Statutes (1995). In 1996, McDougald

Perez v. Circuit City Stores, Inc.

721 So. 2d 409, 1998 WL 821730

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 1694693

Cited 11 times | Published

great public importance: DOES FLORIDA STATUTE § 768.79 REQUIRE THAT THE COURT NOT CONSIDER FLORIDA STATUTE

Thomas v. Perkins

723 So. 2d 293, 1998 WL 765027

District Court of Appeal of Florida | Filed: Oct 21, 1998 | Docket: 472124

Cited 11 times | Published

pursuant to their offer made in accordance with section 768.79, Florida Statutes (1995), and remanded for

Robbins v. Hess

659 So. 2d 424, 1995 WL 469649

District Court of Appeal of Florida | Filed: Aug 10, 1995 | Docket: 1463304

Cited 11 times | Published

judgment in the amount of ten dollars, pursuant to section 768.79, Florida Statutes, together with some other

Hess v. Walton

898 So. 2d 1046, 2005 WL 597019

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 1732243

Cited 10 times | Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (2003). Although the settlement

Ryan v. Lobo De Gonzalez

841 So. 2d 510, 2003 WL 468482

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 365189

Cited 10 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (1997). Defendants offered

Hilyer Sod, Inc. v. Willis Shaw Exp., Inc.

817 So. 2d 1050, 27 Fla. L. Weekly Fed. D 1469

District Court of Appeal of Florida | Filed: Jun 6, 2002 | Docket: 1728313

Cited 10 times | Published

greater than the proposed settlement amount. See § 768.79(1), Fla. Stat. (1999). Hilyer Sod, appeals arguing

Pastor v. Union Central Life Insurance

184 F. Supp. 2d 1301, 2002 U.S. Dist. LEXIS 2819, 2002 WL 246669

District Court, S.D. Florida | Filed: Feb 6, 2002 | Docket: 2517903

Cited 10 times | Published

this state." Id. at 367-68 (quoting Fla.Stat. § 768.79(1)). If the Florida legislature had intended to

Allstate Ins. Co. v. Sarkis

809 So. 2d 6, 2001 Fla. App. LEXIS 17190, 2001 WL 1555525

District Court of Appeal of Florida | Filed: Dec 7, 2001 | Docket: 1385551

Cited 10 times | Published

proposed settlement offer of $10,000 pursuant to section 768.79, Florida Statutes, the offer of judgment statute

Dudley v. McCormick

799 So. 2d 436, 2001 WL 1440403

District Court of Appeal of Florida | Filed: Nov 16, 2001 | Docket: 1278069

Cited 10 times | Published

of reasonable attorneys' fees, pursuant to Section 768.79, Florida Statutes, Rule 1.442, Florida Rules

Levine v. Harris

791 So. 2d 1175, 2001 WL 830562

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 2448565

Cited 10 times | Published

attorney's fees under the offer of judgment statute, section 768.79, Florida Statutes (1991). We reverse and remand

Tetrault v. Fairchild

799 So. 2d 226, 2001 WL 844464

District Court of Appeal of Florida | Filed: Jul 24, 2001 | Docket: 1681671

Cited 10 times | Published

"reasonable attorney's fee" under the provisions of section 768.79, Florida Statutes, when an offer of judgment

National Indem. Co. v. CONSOLIDATED INS.

778 So. 2d 404, 2001 WL 55744

District Court of Appeal of Florida | Filed: Jan 24, 2001 | Docket: 1687079

Cited 10 times | Published

striking its offer of settlement made pursuant to section 768.79, Florida Statutes (1999). The trial court determined

Wagner v. Brandeberry

761 So. 2d 443, 2000 WL 707345

District Court of Appeal of Florida | Filed: Jun 2, 2000 | Docket: 1300301

Cited 10 times | Published

settlement served on Steve Brandeberry under section 768.79, Florida Statutes (1997). The trial court concluded

DANNER CONST. COMPANY, INC. v. Reynolds Metals Co.

760 So. 2d 199, 2000 Fla. App. LEXIS 4216, 2000 WL 367737

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 1324816

Cited 10 times | Published

TMC, served an offer of judgment, pursuant to section 768.79, Florida Statutes (1997), and Florida Rule

Strahan v. Gauldin

756 So. 2d 158, 2000 WL 282337

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 1516772

Cited 10 times | Published

when a reasonable offer is not accepted under § 768.79, an *162 eventuality which obviously cannot be

Deltona House Rentals, Inc. v. Cloer

734 So. 2d 586, 1999 Fla. App. LEXIS 8190, 1999 WL 397124

District Court of Appeal of Florida | Filed: Jun 18, 1999 | Docket: 1441733

Cited 10 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes. The offer was rejected by

Earnest & Stewart, Inc. v. Codina

732 So. 2d 364, 1999 WL 68512

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 2566008

Cited 10 times | Published

their applications for attorney's fees under section 768.79, Florida Statutes (1997). We find merit in

Moran v. City of Lakeland

694 So. 2d 886, 1997 Fla. App. LEXIS 6529, 1997 WL 317076

District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 1450649

Cited 10 times | Published

filed pursuant to rule 1.442 is governed by section 768.79 as the rule merely incorporates the procedural

Duncan v. Prudential Ins. Co.

690 So. 2d 687, 1997 WL 144078

District Court of Appeal of Florida | Filed: Apr 1, 1997 | Docket: 436840

Cited 10 times | Published

favor, based on the offer of judgment statute, section 768.79, Fla. Stat., contending that the statute was

Duncan v. Prudential Ins. Co.

690 So. 2d 687, 1997 WL 144078

District Court of Appeal of Florida | Filed: Apr 1, 1997 | Docket: 436840

Cited 10 times | Published

favor, based on the offer of judgment statute, section 768.79, Fla. Stat., contending that the statute was

Mason v. Porsche Cars of North America

688 So. 2d 361, 1997 WL 14227

District Court of Appeal of Florida | Filed: Jan 17, 1997 | Docket: 1508323

Cited 10 times | Published

offer of judgment, purportedly pursuant to section 768.79, Florida Statutes (1991), offering to settle

Milton v. Leapai

562 So. 2d 804, 1990 WL 71774

District Court of Appeal of Florida | Filed: May 31, 1990 | Docket: 1256062

Cited 10 times | Published

judgment in the amount of $1.00 pursuant to section 768.79, Florida Statutes.[3] Leapai also moved for

Aspen v. Bayless

552 So. 2d 298, 1989 WL 137744

District Court of Appeal of Florida | Filed: Nov 15, 1989 | Docket: 1663507

Cited 10 times | Published

amount of the parties' costs and expenses," and section 768.79(2)(b)6 speaks of "[t]he amount of the additional

Alamo Financing, L.P. v. Mazoff

112 So. 3d 626, 2013 WL 1748597, 2013 Fla. App. LEXIS 6545

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60231190

Cited 9 times | Published

valid proposal for settlement are set forth in section 768.79, Florida Statutes, and Florida Rule of Civil

State Farm Mutual Automobile Insurance Co. v. Curran

83 So. 3d 793, 2011 Fla. App. LEXIS 19186, 2011 WL 6003288

District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 2415516

Cited 9 times | Published

filed a Proposal For Settlement pursuant to section 768.79, Florida Statutes, and rule 1.442, Florida

Land & Sea Petroleum, Inc. v. Business Specialists, Inc.

53 So. 3d 348, 2011 Fla. App. LEXIS 216, 2011 WL 148314

District Court of Appeal of Florida | Filed: Jan 19, 2011 | Docket: 60298077

Cited 9 times | Published

proposals for settlement on the brokers pursuant to section 768.79, Florida Statutes (2004), and Florida Rule

Bessey v. DiFilippo

951 So. 2d 992, 2007 WL 776421

District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 1280417

Cited 9 times | Published

198-99 (citing section 768.79(1)(a), Florida Statutes (Supp.1990), and section 768.79(1)(a), Florida

JES Properties, Inc. v. USA Equestrian, Inc.

432 F. Supp. 2d 1283, 2006 U.S. Dist. LEXIS 32581, 2006 WL 1359939

District Court, M.D. Florida | Filed: Mar 17, 2006 | Docket: 2286407

Cited 9 times | Published

R.Civ.P. 54, Fla. R. Civ. P. 1.442, FLA. STAT. § 768.79, the Florida Antitrust Act, and the Florida Deceptive

Hibbard Ex Rel. Carr v. McGraw

918 So. 2d 967, 2005 WL 3234411

District Court of Appeal of Florida | Filed: Dec 2, 2005 | Docket: 1361616

Cited 9 times | Published

valid proposal for settlement are set forth in section 768.79[5] and Florida Rule of Civil Procedure *971

Norris v. Treadwell

907 So. 2d 1217, 2005 WL 1467348

District Court of Appeal of Florida | Filed: Jun 23, 2005 | Docket: 1540036

Cited 9 times | Published

previously made an offer of judgment pursuant to section 768.79, Florida Statutes (2004). Since the judgment

Levine v. Gonzalez

901 So. 2d 969, 2005 WL 1109590

District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 944114

Cited 9 times | Published

an offer of judgment under Florida Statutes section 768.79. Based on this *971 offer of judgment, Levine

RDR COMPUTER CONSULTING v. Eurodirect, Inc.

884 So. 2d 1053, 2004 Fla. App. LEXIS 15117, 2004 WL 2308981

District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 2513378

Cited 9 times | Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (2001). That offer had proposed

Ambeca, Inc. v. MARINA COVE VILLAGE ASS'N

880 So. 2d 811, 2004 WL 1800703

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1689227

Cited 9 times | Published

pursuant to the offer of judgment statute, section 768.79 Florida Statutes, (2002) and Rule 1.442, Fla

Holiday v. Nationwide Mut. Fire Ins.

864 So. 2d 1215, 2004 WL 119317

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 1425732

Cited 9 times | Published

has never been expressly authorized. Neither section 768.79 nor rule 1.442 authorizes the use of a multiplier

Connell v. Floyd

866 So. 2d 90, 2004 WL 34511

District Court of Appeal of Florida | Filed: Jan 8, 2004 | Docket: 1680229

Cited 9 times | Published

to tax attorneys' fees and costs pursuant to section 768.79, Florida Statutes (2002), and Florida Rule

Matetzschk v. Lamb

849 So. 2d 1141, 2003 WL 21672984

District Court of Appeal of Florida | Filed: Jul 18, 2003 | Docket: 447554

Cited 9 times | Published

not void under the offer of judgment statute (section 768.79, Florida Statutes) on the basis that the lack

Florida Gas Trans. v. Lauderdale Sand & Fill Inc.

813 So. 2d 1013, 2002 WL 491911

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 1725873

Cited 9 times | Published

is entitled to attorney's fees pursuant to section 768.79, Florida Statutes. The narrower issue is whether

Nants v. Griffin

783 So. 2d 363, 2001 WL 467551

District Court of Appeal of Florida | Filed: May 4, 2001 | Docket: 1675782

Cited 9 times | Published

Attorney's fees were awardable pursuant to section 768.79(6)(a), Florida Statutes (1997) because Griffin

Di Paola v. Beach Terrace Ass'n, Inc.

718 So. 2d 1275, 1998 WL 712449

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 1515126

Cited 9 times | Published

WANDA DI PAOLA and STEVEN RINKO, pursuant to § 768.79 Florida Statutes, to allow judgment to be taken

Allstate Ins. Co. v. Silow

714 So. 2d 647, 1998 WL 422507

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1513765

Cited 9 times | Published

entitlement to attorney's fees and costs pursuant to section 768.79. In response, Plaintiff moved to strike Allstate's

McMULLEN OIL v. ISS INTERN. SERVICE

698 So. 2d 372, 1997 WL 476458

District Court of Appeal of Florida | Filed: Aug 22, 1997 | Docket: 434883

Cited 9 times | Published

stated that the offer was made "pursuant to section 768.79, Florida Statutes, and all other applicable

Collins v. Wilkins

664 So. 2d 14, 1995 WL 654446

District Court of Appeal of Florida | Filed: Nov 8, 1995 | Docket: 2580459

Cited 9 times | Published

challenges an assessment of an attorney's fee under section 768.79, Florida *15 Statutes (1993), the offer of

VIP Real Estate v. Florida Ex. Realty

650 So. 2d 199, 1995 WL 59498

District Court of Appeal of Florida | Filed: Feb 15, 1995 | Docket: 1346474

Cited 9 times | Published

moved for attorney's fees and costs pursuant to section 768.79, Florida Statutes (1993). In addition, appellee

Kline v. Publix Supermarkets, Inc.

568 So. 2d 929, 1990 WL 60899

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 1526701

Cited 9 times | Published

trial court awarded costs to Publix pursuant to section 768.79, *930 Florida Statutes (1987), Publix appeals

GLORIA PATRICIA SANCHEZ and BODY & SOUL RETREAT, LLC. v. JOHANA CINQUE and VONCENT CINQUE

238 So. 3d 817

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304714

Cited 8 times | Published

pursuant to a proposal for settlement under section 768.79(6)(b) and rule 1.442. She attached a copy of

Nationwide Mut. Fire Ins. Co. v. Voigt

971 So. 2d 239, 2008 WL 53543

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1731622

Cited 8 times | Published

motion for appellate attorneys' fees pursuant to section 768.79, Florida Statutes (2005). Reversed and remanded

Nationwide Mut. Fire Ins. Co. v. Voigt

971 So. 2d 239, 2008 WL 53543

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1731622

Cited 8 times | Published

motion for appellate attorneys' fees pursuant to section 768.79, Florida Statutes (2005). Reversed and remanded

Specialty Restaurants Corp. v. Elliott

924 So. 2d 834, 2005 WL 3536144

District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 1420233

Cited 8 times | Published

Realty, Inc. (together "Appellees") pursuant to section 768.79, Florida Statutes (1997), and Florida Rule

Dryden v. Pedemonti

910 So. 2d 854, 2005 WL 856974

District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 1494546

Cited 8 times | Published

entitled to, it ought to invalidate the offer. Section 768.79, Florida Statutes, appears to contemplate a

Steele v. Kinsey

801 So. 2d 297, 2001 WL 1589513

District Court of Appeal of Florida | Filed: Dec 14, 2001 | Docket: 1744834

Cited 8 times | Published

against Ms. Kinsey for his damages. Pursuant to section 768.79, Florida Statutes (1995), the offer of judgment

Alexandre v. Meyer

732 So. 2d 44, 1999 WL 270444

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 1438219

Cited 8 times | Published

plaintiffs demand for judgment made pursuant to section 768.79, Florida Statutes (1995). We affirm. Shortly

Gonzalez v. Veloso

731 So. 2d 63, 1999 WL 173675

District Court of Appeal of Florida | Filed: Mar 31, 1999 | Docket: 1409105

Cited 8 times | Published

attorney's fees under the offer of judgment statute, section 768.79, Florida Statutes (1997),[1] for the trial

Evans v. Piotraczk

724 So. 2d 1210, 1998 WL 854850

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1734066

Cited 8 times | Published

Judge, dissenting. I would affirm this case. Section 768.79(a) provides that a trial judge may, in his

Beyel Bros., Inc. v. Lemenze

720 So. 2d 556, 1998 WL 552463

District Court of Appeal of Florida | Filed: Sep 2, 1998 | Docket: 1371807

Cited 8 times | Published

affirm the attorney's fee award pursuant to section 768.79, Florida Statutes (1997). Under that statute

Hartford Cas. Ins. Co. v. Silverman

689 So. 2d 346, 1997 Fla. App. LEXIS 960, 1997 WL 54813

District Court of Appeal of Florida | Filed: Feb 12, 1997 | Docket: 1739366

Cited 8 times | Published

settlement was not made in compliance with section 768.79, Florida Statutes (1993), we affirm. The insured

Garrett v. Mohammed

686 So. 2d 629, 1996 WL 672988

District Court of Appeal of Florida | Filed: Nov 22, 1996 | Docket: 1260454

Cited 8 times | Published

000 judgment against appellant pursuant to section 768.79, Florida Statutes (1995). He filed a similar

Twiddy v. Guttenplan

678 So. 2d 488, 1996 WL 470705

District Court of Appeal of Florida | Filed: Aug 21, 1996 | Docket: 1736932

Cited 8 times | Published

judgment awarding attorney's fees pursuant to section 768.79, Florida Statutes (1987) to appellee, Jessica

Wright v. Caruana

640 So. 2d 197, 1994 WL 398338

District Court of Appeal of Florida | Filed: Aug 2, 1994 | Docket: 1371137

Cited 8 times | Published

amount of $4,000, pursuant to Florida Statutes Section 768.79. Wright did not respond to the offer, and the

Bush Leasing, Inc. v. Gallo

634 So. 2d 737, 1994 WL 91909

District Court of Appeal of Florida | Filed: Mar 24, 1994 | Docket: 1472695

Cited 8 times | Published

attorney's fees and investigative costs pursuant to section 768.79, Florida Statutes (1989). We find that the

Gross v. Albertson's, Inc.

591 So. 2d 311, 1991 WL 275558

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 541232

Cited 8 times | Published

of attorney's fees could be entered. While section 768.79(1)(a), Florida Statutes (1989) which is similar

Phillips v. Parrish

585 So. 2d 1038, 1991 WL 167289

District Court of Appeal of Florida | Filed: Aug 27, 1991 | Docket: 1688544

Cited 8 times | Published

that he filed an offer of judgment pursuant to section 768.79, Florida Statutes (1987).[1] The third issue

William Joyce v. Federated National Insurance Company

228 So. 3d 1122, 2017 WL 4684352

Supreme Court of Florida | Filed: Oct 19, 2017 | Docket: 6172319

Cited 7 times | Published

appropriate in determining attorney’s fees under section 768.79, Florida Statutes (2002)—the offer of judgment

Nationwide Mutual Fire Insurance Co. v. Pollinger

42 So. 3d 890, 2010 Fla. App. LEXIS 12180, 2010 WL 3239153

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1647366

Cited 7 times | Published

whether a proposal for settlement complies with section 768.79, Florida Statutes [2009], and Florida Rule

Allstate Property & Casualty Insurance v. Lewis

14 So. 3d 1230, 2009 Fla. App. LEXIS 8547, 2009 WL 1856231

District Court of Appeal of Florida | Filed: Jun 30, 2009 | Docket: 339920

Cited 7 times | Published

an offer of judgment to Appellee pursuant to section 768.79, Florida Statutes. After Appellant prevailed

Mourning v. Ballast Nedam Const., Inc.

964 So. 2d 889, 2007 WL 2781727

District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 1422210

Cited 7 times | Published

settlement could be enforced without citation to section 768.79, Florida Statutes. The majority in Campbell

Maytronics, Ltd. v. Aqua Vac Systems, Inc.

277 F.3d 1317, 46 U.C.C. Rep. Serv. 2d (West) 379, 2002 U.S. App. LEXIS 88, 2002 WL 12991

Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 2002 | Docket: 2038667

Cited 7 times | Published

attorneys’ fees to Maytronics pursuant to Fla. Stat. § 768.79(6)(b). At oral argument we expressed our belief

US SEC. Ins. Co. v. Cahuasqui

760 So. 2d 1101, 2000 WL 873183

District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 419539

Cited 7 times | Published

Proposal for Settlement/Offer of Judgment Statute, F.S. 768.79, applicable to PIP actions? We have jurisdiction

Grimsley v. Inverrary Resort Hotel, Ltd.

748 So. 2d 299, 1999 WL 675370

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 2518621

Cited 7 times | Published

following: "Please be advised that pursuant to Fla. Stat. 768.79(4), I am accepting the $9,000.00 offer of

City of Neptune Beach v. Smith

740 So. 2d 25, 24 Fla. L. Weekly Fed. D 836

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 1456742

Cited 7 times | Published

its motion for attorney's fees pursuant to section 768.79, Florida Statutes, was denied following a defense

Pizzarelli v. Rollins

704 So. 2d 630, 1997 WL 715805

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 1355103

Cited 7 times | Published

Appellant's motion for attorney's fees under section 768.79, Florida Statutes (1991), is granted inasmuch

Emory v. Florida Freedom Newspapers

687 So. 2d 846, 1997 WL 1583

District Court of Appeal of Florida | Filed: Jan 2, 1997 | Docket: 1370639

Cited 7 times | Published

upon the judgment obtained by the plaintiff. See § 768.79, Fla. Stat. (1989). REVERSED and REMANDED. STONE

Dynasty Express Corp. v. Weiss

675 So. 2d 235, 1996 WL 332349

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 1322934

Cited 7 times | Published

been reached in mediation. The provisions of section 768.79, Florida Statutes, are applicable to offers

Dynasty Express Corp. v. Weiss

675 So. 2d 235, 1996 WL 332349

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 1322934

Cited 7 times | Published

been reached in mediation. The provisions of section 768.79, Florida Statutes, are applicable to offers

Hannah v. Newkirk

675 So. 2d 112, 1996 WL 296519

Supreme Court of Florida | Filed: Jun 6, 1996 | Docket: 1323038

Cited 7 times | Published

reasonable costs and attorney's fees pursuant to section 768.79, Florida Statutes (1991),[3] because her offer

Mincin v. Short

662 So. 2d 1323, 1995 WL 642745

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 1683376

Cited 7 times | Published

attorney's fees and costs filed pursuant to section 768.79, Florida Statutes (1989), and in awarding Mincin

Goode v. Udhwani

648 So. 2d 247, 1994 WL 715169

District Court of Appeal of Florida | Filed: Dec 28, 1994 | Docket: 1342306

Cited 7 times | Published

costs pursuant to an offer of judgment under section 768.79, Florida Statutes (1991). Schmidt v. Fortner

Buchanan v. Allstate Ins. Co.

629 So. 2d 991, 1993 WL 534721

District Court of Appeal of Florida | Filed: Dec 28, 1993 | Docket: 1263575

Cited 7 times | Published

under section 768.79 or rule 1.442. Addressing Allstate's entitlement to fees under section 768.79 first

Martin v. Brousseau

564 So. 2d 240, 1990 WL 98543

District Court of Appeal of Florida | Filed: Jul 18, 1990 | Docket: 1294181

Cited 7 times | Published

awarded costs and attorneys' fees provided for in section 768.79, Florida Statutes (1987) (the "statute") and

Gunn v. DePaoli

562 So. 2d 427, 1990 WL 80805

District Court of Appeal of Florida | Filed: Jun 15, 1990 | Docket: 131712

Cited 7 times | Published

to the appellee, Enso DePaoli, pursuant to section 768.79, Florida Statutes (1987). The appellee has

Bridges v. Newton

556 So. 2d 1170, 1990 WL 6496

District Court of Appeal of Florida | Filed: Jan 30, 1990 | Docket: 1528437

Cited 7 times | Published

awarding attorney's fees and costs pursuant to section 768.79, Florida Statutes (1987). We affirm in part

MYD Marine Distributor, Inc. v. International Paint Ltd.

187 So. 3d 1285, 2016 WL 1445590, 2016 Fla. App. LEXIS 5614

District Court of Appeal of Florida | Filed: Apr 13, 2016 | Docket: 60254016

Cited 6 times | Published

argued that Florida’s offer of judgment statute, section 768.79, did not apply because MYD sought both damages

R.J. Reynolds Tobacco v. Ward

141 So. 3d 236, 2014 WL 2852971, 2014 Fla. App. LEXIS 9544

District Court of Appeal of Florida | Filed: Jun 24, 2014 | Docket: 60241829

Cited 6 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2012), and Florida Rule

Coconut Key Homeowners Ass'n v. Lexington Insurance

649 F. Supp. 2d 1363, 2009 U.S. Dist. LEXIS 83652, 2009 WL 2700174

District Court, S.D. Florida | Filed: Aug 28, 2009 | Docket: 2373068

Cited 6 times | Published

pursuant to Fed.R.Civ.P. 68 and Florida Statute § 768.79 proposing to pay $250,000.00 in full settlement

Sanchez v. Nerys

954 So. 2d 630, 2007 WL 466031

District Court of Appeal of Florida | Filed: Feb 14, 2007 | Docket: 1651684

Cited 6 times | Published

plaintiff her attorneys' fees and costs pursuant to section 768.79, Florida Statutes (2005). For the following

Miami-Dade County v. Ferrer

943 So. 2d 288, 2006 Fla. App. LEXIS 19938, 2006 WL 3422375

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 1527424

Cited 6 times | Published

on the same day pursuant to Florida Statutes section 768.79, and Florida Rule of Civil Procedure 1.442

Allstate Ins. Co. v. Regar

942 So. 2d 969, 2006 WL 3422192

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 1737127

Cited 6 times | Published

concluded were penal attorney's fees provisions in section 768.79, Florida Statutes (1997), and Florida Rule

Papouras v. BELLSOUTH TELECOMMUNICATIONS

940 So. 2d 479, 2006 WL 2818781

District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 1524196

Cited 6 times | Published

his motion for attorney's fees, pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

Talbott v. American Isuzu Motors, Inc.

934 So. 2d 643, 2006 WL 2135880

District Court of Appeal of Florida | Filed: Aug 2, 2006 | Docket: 2451865

Cited 6 times | Published

costs under the offer of judgment statute, section 768.79, Florida Statutes (2003). Talbott contends

Parton v. PALOMINO LAKES PROPERTY OWNERS

928 So. 2d 449, 2006 WL 1344751

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1406057

Cited 6 times | Published

Partons' "Offer of Judgment" made pursuant to section 768.79, Florida Statutes (2004).[2] The trial court

Weiss v. Leatherberry

863 So. 2d 368, 2003 WL 22887821

District Court of Appeal of Florida | Filed: Dec 9, 2003 | Docket: 1432209

Cited 6 times | Published

thirtieth day, February 24, 1997, as required by section 768.79, Florida Statutes. He also argued that there

McCarthy Bros. Co. v. Tilbury Const., Inc.

849 So. 2d 7, 2003 Fla. App. LEXIS 3062, 2003 WL 882356

District Court of Appeal of Florida | Filed: Mar 10, 2003 | Docket: 447546

Cited 6 times | Published

effect of an offer of judgment pursuant to section 768.79, Florida Statutes, this court will not address

Disney v. Vaughen

804 So. 2d 581, 2002 WL 63274

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 1334114

Cited 6 times | Published

fees in the circuit court based in part on section 768.79, Florida Statutes. The circuit court *583 affirmed

Prescott v. Anthony

803 So. 2d 835, 2001 WL 1744261

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 2512384

Cited 6 times | Published

language of the offer of judgment statute, section 768.79, Florida Statutes (1991), does not support

USAA Casualty Insurance v. Auffant (In Re Auffant)

268 B.R. 689, 47 Collier Bankr. Cas. 2d 16, 2001 Bankr. LEXIS 1321, 38 Bankr. Ct. Dec. (CRR) 137, 2001 WL 1230791

United States Bankruptcy Court, M.D. Florida | Filed: Oct 16, 2001 | Docket: 1488019

Cited 6 times | Published

offer of judgment on the Debtor pursuant to section 768.79, Florida Statutes, and Rule 1.442, Florida

Gulf Coast Transp., Inc. v. Padron

782 So. 2d 464, 2001 WL 273228

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 456388

Cited 6 times | Published

submitted a proposal for settlement pursuant to section 768.79, Florida Statutes (1997), and Florida Rule

Grip Development, Inc. v. Coldwell Banker Residential Real Estate, Inc.

788 So. 2d 262, 2000 Fla. App. LEXIS 11908, 2000 WL 1345153

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1286433

Cited 6 times | Published

Banker moved for attorney's fees pursuant to section 768.79, Florida Statutes (1997) and *264 Florida Rule

Spencer v. Barrow

752 So. 2d 135, 2000 WL 256157

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 1279836

Cited 6 times | Published

the filing of their motion for fees because section 768.79(6)(a), Florida Statutes (1995), sets the time

Saye v. Pieschacon

750 So. 2d 759, 2000 WL 139234

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 1433734

Cited 6 times | Published

award of attorney's fees and costs pursuant to section 768.79, Florida Statutes (1997). Appellee attached

Saye v. Pieschacon

750 So. 2d 759, 2000 WL 139234

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 1433734

Cited 6 times | Published

award of attorney's fees and costs pursuant to section 768.79, Florida Statutes (1997). Appellee attached

Nathanson v. Houss

717 So. 2d 114

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 1681430

Cited 6 times | Published

on the judgment obtained by the plaintiff. See § 768.79, Fla. Stat. (1990); see also, Emory v. Florida

Pate v. Renfroe

715 So. 2d 1094, 1998 WL 476160

District Court of Appeal of Florida | Filed: Aug 13, 1998 | Docket: 1716977

Cited 6 times | Published

Renfroe's costs and attorney's fees pursuant to section 768.79, Florida Statutes (1995). Renfroe filed a motion

Allstate Ins. Co. v. Manasse

715 So. 2d 1079, 1998 WL 466887

District Court of Appeal of Florida | Filed: Aug 12, 1998 | Docket: 798934

Cited 6 times | Published

motorist claim. On March 11, 1994, pursuant to section 768.79, Florida Statutes (1993), Allstate made an

Respiratory Care v. Murray D. Shear, Pa

715 So. 2d 1054, 1998 Fla. App. LEXIS 9709, 1998 WL 428978

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 1716975

Cited 6 times | Published

97-1896. The fees were awarded pursuant to section 768.79, Florida Statutes, which allows the award of

Bodek v. Gulliver Academy, Inc.

702 So. 2d 1331, 1997 WL 757457

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 1513265

Cited 6 times | Published

in part, that it was being made pursuant to section 768.79, Florida Statutes, and that "[t]he offer is

Kaufman v. Smith

693 So. 2d 133, 1997 WL 249125

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 1524401

Cited 6 times | Published

to tax attorney's fees and costs pursuant to section 768.79(1), Florida Statutes (1991). The trial court

BEYEL BROS. CRANE & RIGGING v. Ace Transp.

664 So. 2d 62, 1995 Fla. App. LEXIS 12722, 1995 WL 732845

District Court of Appeal of Florida | Filed: Dec 13, 1995 | Docket: 1230371

Cited 6 times | Published

trial court's denial of attorney's fees under section 768.79, Florida Statutes (1993), as to which the court

Baker Protective Services v. FP INC.

659 So. 2d 1120, 1995 WL 421874

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 1462982

Cited 6 times | Published

offer of judgment pursuant to Florida Statutes, Section 768.79 in the amount of $100,000. *1122 In January

Stouffer Hotel Co. v. Teachers Insurance

944 F. Supp. 874, 1995 U.S. Dist. LEXIS 21334, 1995 WL 904575

District Court, M.D. Florida | Filed: May 3, 1995 | Docket: 970233

Cited 6 times | Published

history of Section 45.061, Florida Statutes; Section 768.79, Florida Statutes; Rule 1.442, Florida Rules

Essenson v. Coale

848 F. Supp. 987, 1994 U.S. Dist. LEXIS 8317, 1994 WL 117376

District Court, M.D. Florida | Filed: Apr 4, 1994 | Docket: 1700682

Cited 6 times | Published

Plaintiff filed a Demand for Judgment pursuant to F.S. § 768.79 in the amount of $165,000. (Def.'s Mot. in Opp'n

Rodriguez v. Pino

634 So. 2d 681, 1994 WL 68863

District Court of Appeal of Florida | Filed: Mar 8, 1994 | Docket: 1472706

Cited 6 times | Published

MUST EQUAL 100% 100% [4] Pursuant to section 768.79, Florida Statutes (1989), the appellee made

Royal Caribbean Corp. v. Modesto

614 So. 2d 517

District Court of Appeal of Florida | Filed: Dec 8, 1992 | Docket: 1509807

Cited 6 times | Published

plaintiff served a demand for judgment pursuant to section 768.79, Florida Statutes (1989), in the amount of

Luizza v. Yaeger

571 So. 2d 600, 1990 WL 235646

District Court of Appeal of Florida | Filed: Dec 28, 1990 | Docket: 1173412

Cited 6 times | Published

501.00 on plaintiff Elva Yaeger pursuant to section 768.79, Florida Statutes (1987). The jury returned

Mudano v. St. Paul Fire & Marine Ins. Co.

543 So. 2d 876, 1989 WL 55968

District Court of Appeal of Florida | Filed: May 31, 1989 | Docket: 2556147

Cited 6 times | Published

an order taxing fees and costs pursuant to section 768.79, Florida Statutes. The statute provides for

Gwendolyn E. Odom, etc. v. R.J. Reynolds Tobacco Company

254 So. 3d 268

Supreme Court of Florida | Filed: Sep 20, 2018 | Docket: 7943260

Cited 5 times | Published

proposal for settlement filed by Odom, pursuant to section 768.79(1), Florida Statutes (2014), in the amount

Diecidue v. Lewis

223 So. 3d 1015, 2017 Fla. App. LEXIS 1649, 2017 WL 535447

District Court of Appeal of Florida | Filed: Feb 10, 2017 | Docket: 4583388

Cited 5 times | Published

proposal for settlement (proposal) governed by section 768.79, Florida Statutes (2012), and Florida Rule

In re Amendments to the Florida Rules of Civil Procedure

131 So. 3d 643, 38 Fla. L. Weekly Supp. 836, 2013 WL 6164572, 2013 Fla. LEXIS 2476

Supreme Court of Florida | Filed: Nov 14, 2013 | Docket: 60238155

Cited 5 times | Published

proposals for settlement and to comport with section 768.79(2), Florida Statutes (2012), which states,

Wolfe v. Culpepper Constructors, Inc.

104 So. 3d 1132, 2012 WL 5935633

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227326

Cited 5 times | Published

offer of judgment which Culpepper had rejected. Section 768.79, Florida Statutes (2006), provides the basis

Krock v. Rozinsky

78 So. 3d 38, 2012 Fla. App. LEXIS 161, 2012 WL 75145

District Court of Appeal of Florida | Filed: Jan 11, 2012 | Docket: 60305058

Cited 5 times | Published

to Tax Attorney’s Fees and Costs pursuant to section 768.79, Florida Statutes, and also filed a motion

Andrews v. Frey

66 So. 3d 376, 2011 Fla. App. LEXIS 11909, 2011 WL 3206882

District Court of Appeal of Florida | Filed: Jul 29, 2011 | Docket: 2295511

Cited 5 times | Published

terms on another party to the litigation. See § 768.79, Fla. Stat.; Fla. R. Civ. P. 1.442. If it is a

Mady v. DaimlerChrysler Corp.

59 So. 3d 1129, 36 Fla. L. Weekly Supp. 117, 2011 Fla. LEXIS 672, 2011 WL 1045598

Supreme Court of Florida | Filed: Mar 24, 2011 | Docket: 60299566

Cited 5 times | Published

Id. at 1215. The Fourth District found “that section 768.79(4)’s provision for enforcement is not the same

Smith v. Loews Miami Beach Hotel Operating Co.

35 So. 3d 101, 2010 Fla. App. LEXIS 6553, 2010 WL 1875614

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1646146

Cited 5 times | Published

its Proposal of Settlement and pursuant to section 768.79, Florida Statutes. On January 13, 2009, the

Segundo v. Reid

20 So. 3d 933, 2009 Fla. App. LEXIS 14589, 2009 WL 3101013

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1639950

Cited 5 times | Published

pursuant to the demand for judgment statute, section 768.79, Florida Statutes (2005), and the proposal

Alioto-Alexander v. Toll Bros., Inc.

12 So. 3d 915, 2009 Fla. App. LEXIS 9115, 2009 WL 1940508

District Court of Appeal of Florida | Filed: Jul 8, 2009 | Docket: 87640

Cited 5 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2003). The proposal stated

Downs v. Coastal Systems Intern., Inc.

972 So. 2d 258, 2008 WL 34795

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1650523

Cited 5 times | Published

Coastal Systems' entitlement to attorney's fees. Section 768.79, Florida Statutes (2005), governs offers of

Stasio v. McManaway

936 So. 2d 676, 2006 WL 2080385

District Court of Appeal of Florida | Filed: Jul 28, 2006 | Docket: 1161606

Cited 5 times | Published

valid proposal for settlement are set forth in section 768.79[2] and Florida Rule of Civil Procedure *678

Marcy v. DaimlerChrysler Corp.

921 So. 2d 781, 2006 Fla. App. LEXIS 2482, 2006 WL 435709

District Court of Appeal of Florida | Filed: Feb 24, 2006 | Docket: 2518394

Cited 5 times | Published

442, Florida Rules of Civil Procedure, and section 768.79, Florida Statutes (2003). The Marcys rejected

Gallagher v. Manatee County

927 So. 2d 914, 2006 WL 229044

District Court of Appeal of Florida | Filed: Feb 1, 2006 | Docket: 1765505

Cited 5 times | Published

attorney's fees and costs." (emphasis added)); § 768.79(1) (providing for circumstances under which party

1 Nation Technology Corp. v. A1 TELETRONICS

924 So. 2d 3, 2005 WL 2654787

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 1736027

Cited 5 times | Published

accordance with their offer of judgment pursuant to section 768.79, Florida Statutes (2002), and Florida Rule

Keesee v. Bank of America, NA

371 F. Supp. 2d 1370, 2005 U.S. Dist. LEXIS 13909, 2005 WL 1309830

District Court, M.D. Florida | Filed: Jun 1, 2005 | Docket: 2518529

Cited 5 times | Published

proposal according to Florida Statute § 768.79 ("Section 768.79") among other provisions. Keesee did not

Amador v. Walker

862 So. 2d 729, 2003 WL 23104794

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 1763027

Cited 5 times | Published

Plaintiff sought attorney's fees pursuant to section 768.79, Florida Statutes (2002).[2] The trial judge

Bottcher v. Walsh

834 So. 2d 183, 2002 WL 31487184

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1697564

Cited 5 times | Published

for settlement on Ms. Bottcher pursuant to section 768.79, Florida Statutes (1999), and Florida Rule

Sosnick v. McManus

815 So. 2d 759, 2002 WL 889667

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1277641

Cited 5 times | Published

the Florida Rules of Civil Procedure, and Florida Statute 768.79 hereby offers Plaintiff, Danette McManus

RLS BUS. VENTURES v. Second Chance Wholesale, Inc.

784 So. 2d 1194, 2001 WL 356227

District Court of Appeal of Florida | Filed: Apr 11, 2001 | Docket: 1492606

Cited 5 times | Published

severally, pursuant to and in accordance with Section 768.79, Florida Statutes, offer judgment to Counter

RLS BUS. VENTURES v. Second Chance Wholesale, Inc.

784 So. 2d 1194, 2001 WL 356227

District Court of Appeal of Florida | Filed: Apr 11, 2001 | Docket: 1492606

Cited 5 times | Published

severally, pursuant to and in accordance with Section 768.79, Florida Statutes, offer judgment to Counter

Camejo v. Smith

774 So. 2d 28, 2000 WL 1299157

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 1330973

Cited 5 times | Published

Hillsborough Transit Authority (Hartline) pursuant to section 768.79, Florida Statutes (1997), and Florida Rule

Lieff v. Sandoval

726 So. 2d 335, 1999 WL 17844

District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 1307516

Cited 5 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (1993). We reverse with instructions

Allstate Ins. Co. v. Sutton

707 So. 2d 760, 1998 Fla. App. LEXIS 82, 1998 WL 97773

District Court of Appeal of Florida | Filed: Jan 9, 1998 | Docket: 1260089

Cited 5 times | Published

attorneys' fees and costs to Vonnie B. Sutton under section 768.79, Florida Statutes (1995). We affirm the order

Siedlecki v. Arabia

699 So. 2d 1040, 1997 WL 614332

District Court of Appeal of Florida | Filed: Oct 8, 1997 | Docket: 1694080

Cited 5 times | Published

million. When Arabia moved for fees pursuant to section 768.79, Florida Statutes (1995), Florida's demand-for-judgment

Puleo v. Knealing

654 So. 2d 148, 1995 WL 71224

District Court of Appeal of Florida | Filed: May 18, 1995 | Docket: 1303680

Cited 5 times | Published

before the trial date, the Puleos, pursuant to section 768.79, Florida Statutes (1989), served an offer of

Puleo v. Knealing

654 So. 2d 148, 1995 WL 71224

District Court of Appeal of Florida | Filed: May 18, 1995 | Docket: 1303680

Cited 5 times | Published

before the trial date, the Puleos, pursuant to section 768.79, Florida Statutes (1989), served an offer of

Bass v. State Farm Life Ins. Co.

649 So. 2d 924, 1995 WL 46409

District Court of Appeal of Florida | Filed: Feb 8, 1995 | Docket: 1320657

Cited 5 times | Published

Bass moved for attorney's fees pursuant to Section 768.79, Florida Statutes (1991), the offer of judgment

Reliable Reprographics v. Fla. Mango

645 So. 2d 1040, 1994 WL 616854

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 1167732

Cited 5 times | Published

them attorney's fees and costs pursuant to section 768.79, Florida Statutes (1993), and (2) an order

Reliable Reprographics v. Fla. Mango

645 So. 2d 1040, 1994 WL 616854

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 1167732

Cited 5 times | Published

them attorney's fees and costs pursuant to section 768.79, Florida Statutes (1993), and (2) an order

Dvorak v. TGI FRIDAY'S INC.

639 So. 2d 58, 1994 WL 150178

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 1310333

Cited 5 times | Published

45.061, Florida Statutes (1987), one under section 768.79(1)(a), Florida Statutes (1987), and one under

Brodose v. School Bd. of Pinellas County

622 So. 2d 513, 1993 WL 274424

District Court of Appeal of Florida | Filed: Jul 21, 1993 | Docket: 1735642

Cited 5 times | Published

under section 45.061, Florida Statutes (1989), section 768.79, Florida Statutes (1986 Supp.) and Florida

Hellmann v. City of Orlando

610 So. 2d 103, 1992 WL 371550

District Court of Appeal of Florida | Filed: Dec 18, 1992 | Docket: 1734670

Cited 5 times | Published

plus costs under Rule 1.442, Fla. R.Civ.P. and section 768.79, Florida Statutes which was denied. A jury

Ancel Pratt, Jr. v. Michael C. Weiss, D.O.

161 So. 3d 1268, 40 Fla. L. Weekly Supp. 201, 2015 Fla. LEXIS 802, 2015 WL 1724574

Supreme Court of Florida | Filed: Apr 16, 2015 | Docket: 2649970

Cited 4 times | Published

justify an award of attorney’s fees and costs. Section 768.79, Florida Statutes (2014),1 provides, in relevant

22ND Century Properties, LLC and David F. Damerau v. FPH Properties, LLC

160 So. 3d 135, 2015 Fla. App. LEXIS 4763, 2015 WL 1448446

District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2679427

Cited 4 times | Published

appellants with a demand for judgment pursuant to section 768.79, Florida Statutes (2006), offering to settle

Regions Bank v. Rhodes

126 So. 3d 1259, 2013 WL 6081776, 2013 Fla. App. LEXIS 18441

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60236286

Cited 4 times | Published

judgment and proposal for settlement pursuant to section 768.79, Florida Statutes (2010), and Florida Rule

Chastain v. Chastain

119 So. 3d 547, 2013 WL 4488692, 2013 Fla. App. LEXIS 13480

District Court of Appeal of Florida | Filed: Aug 23, 2013 | Docket: 60233661

Cited 4 times | Published

served a proposal for settlement pursuant to section 768.79, Florida Statutes, upon Appellants/Cross-Appellees

State Farm Florida Insurance Co. v. Laughlin-Alfonso

118 So. 3d 314, 2013 WL 3929065, 2013 Fla. App. LEXIS 12010

District Court of Appeal of Florida | Filed: Jul 31, 2013 | Docket: 60233177

Cited 4 times | Published

State Farm then moved for attorney’s fees under section 768.79, Florida Statutes (2011), and Florida Rule

GEICO General Insurance Co. v. Williams

111 So. 3d 240, 2013 WL 1442157, 2013 Fla. App. LEXIS 5724

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60230784

Cited 4 times | Published

settlement against the father/owner, pursuant to section 768.79, Florida Statutes, for $150,000. Although the

Higgins v. West Bend Mutual Insurance

85 So. 3d 1156, 2012 WL 1089204, 2012 Fla. App. LEXIS 4996

District Court of Appeal of Florida | Filed: Mar 30, 2012 | Docket: 60307036

Cited 4 times | Published

West Bend’s motion for attorney’s fees under section 768.79, Florida Statutes (2007), is denied. Se. Floating

Three Keys, Ltd. v. Kennedy Funding, Inc.

28 So. 3d 894, 2009 Fla. App. LEXIS 17293, 2009 WL 3877900

District Court of Appeal of Florida | Filed: Nov 20, 2009 | Docket: 1652592

Cited 4 times | Published

court's ruling. Motion for attorneys' fees under section 768.79, Florida Statutes The trial court denied the

Eastern Atlantic Realty & Investment Inc. v. GSOMR LLC

14 So. 3d 1215, 2009 Fla. App. LEXIS 8603, 2009 WL 1773131

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 1157699

Cited 4 times | Published

and costs. 1. APPLICATION OF SECTION 768.79 and RULE 1.442 Section 768.79, Florida Statutes (2007), provides

Oquendo v. Citizens Property Ins. Corp.

998 So. 2d 636, 2008 Fla. App. LEXIS 17859, 2008 WL 4998723

District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 1701912

Cited 4 times | Published

(Fla. 3d DCA 1998) (offer of judgment under section 768.79, Florida Statutes); Eisman v. Ross, 664 So

Brower-Eger v. Noon

994 So. 2d 1239, 2008 WL 4922703

District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 1666500

Cited 4 times | Published

defendant served a demand for judgment, pursuant to section 768.79, Florida Statutes (2005). The demand provided

Jacksonville Golfair, Inc. v. Grover

988 So. 2d 1225, 2008 WL 3861667

District Court of Appeal of Florida | Filed: Aug 21, 2008 | Docket: 1722144

Cited 4 times | Published

order denying attorneys' fees sought under section 768.79, Florida Statutes (2000), and Florida Rule

Ponce v. U-Haul Co. of Florida

979 So. 2d 380, 2008 WL 1746911

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1714360

Cited 4 times | Published

Judgment/Proposal for Settlement" in accordance with section 768.79, Florida Statutes, and Rule 1.442, Florida

Yoder Bros., Inc. v. Weygant

973 So. 2d 625, 2008 Fla. App. LEXIS 785, 2008 WL 199897

District Court of Appeal of Florida | Filed: Jan 25, 2008 | Docket: 1292699

Cited 4 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2004). We conclude that

Palm Beach Polo v. MADSEN, SAPP, MENA

957 So. 2d 36, 2007 Fla. App. LEXIS 6126, 2007 WL 1201744

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 1678775

Cited 4 times | Published

to Florida Rule of Civil Procedure 1.442 and Section 768.79, Florida Statutes, *37 hereby makes this Proposal

DAB Constructors, Inc. v. Oliver

914 So. 2d 462, 2005 WL 2673783

District Court of Appeal of Florida | Filed: Oct 21, 2005 | Docket: 1781900

Cited 4 times | Published

were invalid because they did not comply with section 768.79, Florida Statutes, Rule 1.442 or the Florida

Heymann v. Free

913 So. 2d 11, 2005 WL 2179733

District Court of Appeal of Florida | Filed: Sep 8, 2005 | Docket: 2426009

Cited 4 times | Published

offers of judgment, as clearly expressed in section 768.79, Florida Statutes. There appears to be "no

Event Services America, Inc. v. Ragusa

917 So. 2d 882, 2005 WL 1875705

District Court of Appeal of Florida | Filed: Aug 10, 2005 | Docket: 1509535

Cited 4 times | Published

filed a motion for attorney's fees pursuant to section 768.79, Florida Statute (2002). The trial court struck

Arango v. United Auto. Ins. Co.

901 So. 2d 320, 2005 Fla. App. LEXIS 6503, 2005 WL 1026565

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 2515603

Cited 4 times | Published

for mandatory appellate attorneys fees under section 768.79(1) of the Florida Statutes). Accordingly, we

Gurney v. State Farm Mut. Auto. Ins. Co.

889 So. 2d 97, 2004 WL 2623920

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 1742898

Cited 4 times | Published

settlement/offer of judgment statute, Florida Statute § 768.79 applicable to PIP actions? 2) Under what circumstances

Wight v. Wight

880 So. 2d 692, 2004 WL 895854

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 1294893

Cited 4 times | Published

fees for fees under offer of judgment statute § 768.79(6)(a), Fla. Stat. (1995)); Dep't of Transp. v

Tiede v. Satterfield

870 So. 2d 225, 2004 WL 573839

District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 1330679

Cited 4 times | Published

damages totaling $1,300,797.36. Based upon section 768.79, Florida Statutes (2000), the offer of judgment

Meyer v. Hutchinson

861 So. 2d 1185, 2003 WL 22867632

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 1514175

Cited 4 times | Published

trial court awarded attorney's fees pursuant to section 768.79, Florida Statutes (2002), based on this court's

INTERNAL MEDICINE SPECIALISTS v. Figueroa

781 So. 2d 1117, 2001 Fla. App. LEXIS 508, 2001 WL 60699

District Court of Appeal of Florida | Filed: Jan 26, 2001 | Docket: 1690456

Cited 4 times | Published

when a reasonable offer is not accepted under § 768.79, an eventuality which obviously cannot be anticipated

NATIONAL HEALTHCORP v. Close

787 So. 2d 22, 2001 WL 37858

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 1496339

Cited 4 times | Published

then filed a motion for attorney's fees under section 768.79, Florida Statutes (1995). The plaintiff moved

Ford Motor Co. v. Meyers Ex Rel. Meyers

771 So. 2d 1202, 2000 WL 1532820

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 1339370

Cited 4 times | Published

this Proposal for Settlement, pursuant to Florida Statute 768.79, and Rule 1.442 of the Florida Rules of

Allstate Indemnity Co. v. Hingson

774 So. 2d 44, 2000 Fla. App. LEXIS 13187, 2000 WL 1505020

District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 686459

Cited 4 times | Published

attorney's fees based on an offer of judgment under section 768.79, Florida Statutes (1995). We affirm. Appellant

Safelite Glass Corp. v. Samuel

771 So. 2d 44, 2000 WL 1397595

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1339359

Cited 4 times | Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (1997), the Samuels filed

Miller v. Hayman

766 So. 2d 1116, 2000 WL 1175682

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1697850

Cited 4 times | Published

travel expenses. The offer of judgment statute, section 768.79, Florida Statutes (1997), is limited to actions

Herzog v. K-Mart Corp.

760 So. 2d 1006, 2000 WL 763627

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 1324984

Cited 4 times | Published

Defendant, K-Mart Corporation, pursuant to Florida Statute 768.79 makes this Offer of Judgment to the Plaintiffs

Progressive Cas. Ins. Co. v. RADIOLOGY & IMAGING CENTER OF SOUTH FLORIDA, INC.

761 So. 2d 399, 2000 Fla. App. LEXIS 5528, 2000 WL 561596

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 2508135

Cited 4 times | Published

its Offer of Judgment under Florida Statute section 768.79 and Florida Rule of Civil Procedure 1.442.

Liguori v. Daly

756 So. 2d 268, 2000 WL 276050

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 471168

Cited 4 times | Published

attorney's fees and costs under Florida Statutes section 768.79. At the hearing on appellee's motion, appellant

Clayton v. Bryan

753 So. 2d 632, 2000 WL 217531

District Court of Appeal of Florida | Filed: Feb 25, 2000 | Docket: 1433536

Cited 4 times | Published

found that Florida's offer of judgment statute, section 768.79, was preempted by the federal statute which

Clayton v. Bryan

753 So. 2d 632, 2000 WL 217531

District Court of Appeal of Florida | Filed: Feb 25, 2000 | Docket: 1433536

Cited 4 times | Published

found that Florida's offer of judgment statute, section 768.79, was preempted by the federal statute which

Lewis v. Bondy

752 So. 2d 1225, 2000 WL 158505

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 213125

Cited 4 times | Published

are entitled to an attorney's fee award under section 768.79, Florida Statutes. However, on cross-appeal

HUNZINGER CONST. v. Quarles & Brady

735 So. 2d 589, 1999 WL 436839

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 1430701

Cited 4 times | Published

and an award of additional fees pursuant to section 768.79, Florida Statutes (1995). Hunzinger appeals

Allstate Ins. Co. v. Mazzorana

731 So. 2d 38, 1999 Fla. App. LEXIS 2531, 1999 WL 123357

District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 1733831

Cited 4 times | Published

fees and costs awarded in favor of Mazzorana. See § 768.79, Fla. Stat. (1997); Nathanson v. Houss, 717 So

Silva v. US SEC. Ins. Co.

734 So. 2d 429, 1999 WL 212697

District Court of Appeal of Florida | Filed: Apr 14, 1999 | Docket: 1442911

Cited 4 times | Published

question as one of great public importance: DOES SECTION 768.79 CONFLICT WITH SECTIONS 627.428(1) AND 627.736(8)

Barrero v. Ocean Bank

729 So. 2d 412, 1999 Fla. App. LEXIS 1440, 1999 WL 71766

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1171279

Cited 4 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (1995). We affirm the appellate

Cooper v. Brickell Bayview Real Estate, Inc.

711 So. 2d 258, 1998 Fla. App. LEXIS 6148, 1998 WL 281763

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 1700514

Cited 4 times | Published

good faith $10,000.00 offer of judgment under section 768.79, Florida Statutes (1995), the trial court sitting

Crowley v. Sunny's Plants, Inc.

710 So. 2d 219, 1998 Fla. App. LEXIS 4890, 1998 WL 219797

District Court of Appeal of Florida | Filed: May 6, 1998 | Docket: 1445196

Cited 4 times | Published

motion for attorney's fees and costs pursuant to section 768.79, Florida Statutes (1995). For the following

PENNSYLVANIA LUMBERMENS v. Sunrise Club

711 So. 2d 593, 1998 WL 186881

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1700588

Cited 4 times | Published

the denial of attorney's fees claimed under section 768.79, Florida Statutes (1997). During the litigation

Lee County v. Pierpont

693 So. 2d 994, 1997 WL 24312

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 1524494

Cited 4 times | Published

(offers of judgment in eminent domain actions); § 768.79 (offer of judgment). A landowner should be able

Ong v. Mike Guido Properties

668 So. 2d 708, 1996 Fla. App. LEXIS 1765, 1996 WL 86535

District Court of Appeal of Florida | Filed: Mar 1, 1996 | Docket: 1290414

Cited 4 times | Published

judgment in accordance with the provisions of section 768.79, Florida Statutes (1993). Specifically, Guido

Press v. Jordan

670 So. 2d 1016, 1996 WL 71484

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 1245982

Cited 4 times | Published

court's award of attorney's fees pursuant to Section 768.79, Florida Statutes (1993). Affirmed.

City of Punta Gorda v. BURNT STORE

650 So. 2d 142, 1995 Fla. App. LEXIS 616, 1995 WL 44546

District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 1703329

Cited 4 times | Published

before the 1990 amendment to Florida Statute section 768.79, we conclude the trial court erred in awarding

Mark Arnold Constr. v. Nat'l Lumber

642 So. 2d 576, 1994 WL 419593

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 145419

Cited 4 times | Published

MOTION FOR ATTORNEY FEES In accordance with section 768.79, Florida Statutes, the appellee (plaintiff

Wilson Ins. Services v. W. Am. Ins.

608 So. 2d 857, 1992 WL 279940

District Court of Appeal of Florida | Filed: Oct 14, 1992 | Docket: 1449540

Cited 4 times | Published

denial of an award of attorney's fees under section 768.79, Florida Statutes (1989). Winn Dixie Stores

Winn Dixie Stores, Inc. v. Elbert

590 So. 2d 15, 1991 WL 248413

District Court of Appeal of Florida | Filed: Nov 27, 1991 | Docket: 1512599

Cited 4 times | Published

Defendant filed an offer of judgment pursuant to section 768.79, Florida Statutes (1987), in the amount of

Westover v. Allstate Insurance Co.

581 So. 2d 988, 1991 WL 115605

District Court of Appeal of Florida | Filed: Jun 26, 1991 | Docket: 1683927

Cited 4 times | Published

Supermarkets, Inc., 568 So.2d 929 (Fla. 2d DCA 1990) (section 768.79 and rule 1.442); Coe v. B & D Transportation

Timmons v. Combs

579 So. 2d 840, 1991 WL 75662

District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 1377236

Cited 4 times | Published

reversed an award of attorney's fees, holding that section 768.79, Florida Statutes (1989), is unconstitutional

Memorial Sales, Inc. v. Pike

579 So. 2d 778, 1991 WL 72024

District Court of Appeal of Florida | Filed: May 7, 1991 | Docket: 1728698

Cited 4 times | Published

judgment. In Rabatie, this court, in interpreting section 768.79(1)(a), Florida Statutes (1987),[2] stated that

Heartland Express, Inc. of Iowa v. Farber

230 So. 3d 146

District Court of Appeal of Florida | Filed: Sep 29, 2017 | Docket: 60282835

Cited 3 times | Published

pursuant to Florida’s offer of judgment statute, section 768.79, Florida Statutes, For the following reasons

Taylor Engineering, Inc. and Robert J. Wagner, P.E. v. Dickerson Florida, Inc., a Florida corporation

221 So. 3d 719, 2017 WL 2350115, 2017 Fla. App. LEXIS 7844

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 6067415

Cited 3 times | Published

motion for attorneys’ fees and costs pursuant to section 768.79(1), Florida Statutes, and Florida Rule of Civil

Costco Wholesale Corp. v. Llanio-Gonzalez

213 So. 3d 944, 2017 WL 1076927, 2017 Fla. App. LEXIS 3779

District Court of Appeal of Florida | Filed: Mar 22, 2017 | Docket: 60263956

Cited 3 times | Published

“judgment obtained,” as this term is defined in Section 768.79, Florida Statutes. 5. This figure does not

Kelly Paton v. Geico General Insurance Co.

190 So. 3d 1047, 41 Fla. L. Weekly Supp. 115, 2016 Fla. LEXIS 631, 2016 WL 1163372

Supreme Court of Florida | Filed: Mar 24, 2016 | Docket: 3047815

Cited 3 times | Published

to the offer of judgment statute. Id. (citing § 768.79(6)(b), Fla. Stat. (2012)). In connection with

Valerie Audiffred v. Thomas B. Arnold

161 So. 3d 1274, 40 Fla. L. Weekly Supp. 199, 2015 Fla. LEXIS 803, 2015 WL 1724250

Supreme Court of Florida | Filed: Apr 16, 2015 | Docket: 2649967

Cited 3 times | Published

following proposal for settlement pursuant to F.S. § 768.79 and Rule 1.442 F.R.C.P., to wit: 1. NAME OF PARTY

Garvin v. Tidwell

126 So. 3d 1224, 2012 WL 5232224, 2012 Fla. App. LEXIS 18508

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60236270

Cited 3 times | Published

of “good faith” and the factors set forth in section 768.79(7), Florida Statutes. Jones, 114 So.3d 998

Langer v. Fels

93 So. 3d 1069, 2012 WL 2327921, 2012 Fla. App. LEXIS 9949

District Court of Appeal of Florida | Filed: Jun 20, 2012 | Docket: 60310423

Cited 3 times | Published

denied the fee request under Rule 1.442 and section 768.79, pertaining to offers of settlement. However

Winter Park Imports, Inc. v. JM Family Enterprises

66 So. 3d 336, 2011 Fla. App. LEXIS 10379, 2011 WL 2581758

District Court of Appeal of Florida | Filed: Jul 1, 2011 | Docket: 2361328

Cited 3 times | Published

injunctive relief as part of the same claim(s), section 768.79, Florida Statutes, does not apply. In its third

Kroener v. Florida Insurance Guaranty Ass'n

63 So. 3d 914, 2011 Fla. App. LEXIS 9613, 2011 WL 2462679

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60301204

Cited 3 times | Published

to either accept or reject it, pursuant to section 768.79(1), Florida Statutes; within those thirty days

Bright v. Baltzell

65 So. 3d 90, 2011 Fla. App. LEXIS 9622, 2011 WL 2462760

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 60301796

Cited 3 times | Published

dismissal that would entitle appellee to fees under section 768.79, Florida Statutes. The fees were also not authorized

Tierra Holdings, Ltd. v. Mercantile Bank

78 So. 3d 558, 2011 Fla. App. LEXIS 7152, 2011 WL 1879200

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2354383

Cited 3 times | Published

its valid proposal for settlement pursuant to section 768.79, Florida Statutes (2006), in the breach of

City National Bank of Florida v. City of Tampa

67 So. 3d 293, 2011 Fla. App. LEXIS 4798, 2011 WL 1295874

District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 2364177

Cited 3 times | Published

City has moved for attorneys' fees pursuant to section 768.79, Florida Statutes (2009), based on the City's

Schantz v. Sekine

60 So. 3d 444, 2011 Fla. App. LEXIS 3892, 2011 WL 982457

District Court of Appeal of Florida | Filed: Mar 22, 2011 | Docket: 60300217

Cited 3 times | Published

I write to urge the legislature to review section 768.79, Florida Statutes, which provides a substantive

Tiara Condominium Ass'n, Inc. v. Marsh USA, Inc.

697 F. Supp. 2d 1349, 2010 U.S. Dist. LEXIS 26457, 2010 WL 1049322

District Court, S.D. Florida | Filed: Mar 22, 2010 | Docket: 2182562

Cited 3 times | Published

the judgment is one of no liability." Fla. Stat. § 768.79. Tiara rejected Marsh's offer of judgment. On

Allstate Insurance Co. v. Jenkins

32 So. 3d 163, 2010 Fla. App. LEXIS 3624, 2010 WL 979415

District Court of Appeal of Florida | Filed: Mar 19, 2010 | Docket: 1199103

Cited 3 times | Published

filed a motion for attorney's fees pursuant to section 768.79 of the Florida Statutes (2005) based on Jenkins'

Ledesma v. Iglesias

975 So. 2d 1240, 2008 WL 649242

District Court of Appeal of Florida | Filed: Mar 12, 2008 | Docket: 1727328

Cited 3 times | Published

matter of law because they did not comply with section 768.79, Florida Statutes, and Florida Rule of Civil

Dufresne v. DaimlerChrysler Corp.

975 So. 2d 555, 2008 Fla. App. LEXIS 1628, 2008 WL 342621

District Court of Appeal of Florida | Filed: Feb 8, 2008 | Docket: 1727486

Cited 3 times | Published

442 and Florida's offer of judgment statute, section 768.79, Florida Statutes (2004). The offer was exclusive

Kee v. Baptist Hosp. of Miami, Inc.

971 So. 2d 814, 2007 WL 2847947

District Court of Appeal of Florida | Filed: Oct 3, 2007 | Docket: 1446386

Cited 3 times | Published

for settlement to be valid in accordance with section 768.79, Florida Statutes (2001), and rule 1.442, Florida

Hamilton v. Ford Motor Co.

936 So. 2d 1203, 2006 WL 2520089

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 1161502

Cited 3 times | Published

recovery was not 25% less than the offer. See § 768.79(1), Fla. Stat. (2002).[1] We also agree that the

Martinez v. Ipox

925 So. 2d 448, 2006 WL 932544

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 1516987

Cited 3 times | Published

death action. The court recognized that under section 768.79, Florida Statutes (2004), "[a] valid [demand

Goldman v. Campbell

920 So. 2d 1264, 2006 WL 473780

District Court of Appeal of Florida | Filed: Mar 1, 2006 | Docket: 1730755

Cited 3 times | Published

motion for fees and costs was filed pursuant to section 768.79, Florida Statutes, after he recovered a net

Hauss v. Waxman

914 So. 2d 474, 2005 WL 2861429

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1781714

Cited 3 times | Published

risk, merely to set up an entitlement under section 768.79 to attorneys fees. Yes, that one-sided disadvantage

Jones v. Double D Properties, Inc.

901 So. 2d 929, 2005 WL 957063

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 1666216

Cited 3 times | Published

sufficient to trigger the sanctions provided in section 768.79. See Allstate Indem. Co. v. Hingson, 808 So

Robinson v. Nationwide Mut. Fire Ins. Co.

887 So. 2d 328, 29 Fla. L. Weekly Supp. 629, 2004 Fla. LEXIS 1874, 2004 WL 2404054

Supreme Court of Florida | Filed: Oct 28, 2004 | Docket: 466571

Cited 3 times | Published

pursuant to the demand for judgment statute, section 768.79, Florida Statutes (1997). The respondent filed

McElroy v. Whittington

867 So. 2d 1241, 2004 WL 515524

District Court of Appeal of Florida | Filed: Mar 17, 2004 | Docket: 1722637

Cited 3 times | Published

Whittingtons timely served a motion for fees under section 768.79, Florida Statutes, and rule 1.442. McElroy

Vines v. Mathis

867 So. 2d 548, 2004 WL 358679

District Court of Appeal of Florida | Filed: Feb 27, 2004 | Docket: 1722543

Cited 3 times | Published

motion for attorneys' fees and costs pursuant to section 768.79(1), Florida Statutes (2001). Because appellees

State, Dept. of Transp. v. BellSouth Telecommunications, Inc.

859 So. 2d 1278, 28 Fla. L. Weekly Fed. D 2745

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 179248

Cited 3 times | Published

for attorney's fees under Florida Statutes section 768.79 (2002) and Florida Rule of Civil Procedure

K & K Insurance Group, Inc. v. Houston (In Re Houston)

305 B.R. 111, 17 Fla. L. Weekly Fed. B 37, 2003 Bankr. LEXIS 1802, 2003 WL 23214221

United States Bankruptcy Court, M.D. Florida | Filed: Sep 22, 2003 | Docket: 1081578

Cited 3 times | Published

Judgment/Proposal for Settlement on the Debtor pursuant to § 768.79 of the Florida Statutes. The Debtor rejected the

Nationwide Mut. Fire Ins. Co. v. Robinson

851 So. 2d 888, 2003 WL 21919258

District Court of Appeal of Florida | Filed: Aug 13, 2003 | Docket: 1691446

Cited 3 times | Published

plaintiffs to an award of attorney fees under section 768.79, Florida Statutes (1997) and Florida Rule of

Matalon v. Lee

847 So. 2d 1077, 2003 WL 21346667

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 1686703

Cited 3 times | Published

granted him his attorney's fees pursuant to section 768.79, Florida Statutes (2001), but refused to apply

Rosado v. Bieluch

827 So. 2d 1115, 2002 WL 31356211

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 1360797

Cited 3 times | Published

filed a Proposal for Settlement pursuant to section 768.79, Florida Statutes (2001), the offer of judgment

DeCarlo v. Griffin

827 So. 2d 348, 2002 WL 31175048

District Court of Appeal of Florida | Filed: Oct 2, 2002 | Docket: 1367646

Cited 3 times | Published

attorney's fees judgment entered pursuant to section 768.79, Florida Statutes (2001), subsequent to entry

AMISUB (AMERICAN HOSP.) INC. v. Hernandez

817 So. 2d 870, 2002 WL 662657

District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 1430603

Cited 3 times | Published

fees under the demand for judgment statute, Section 768.79, Florida Statutes (1993). The hospital claims

Motter Roofing, Inc. v. Leibowitz

833 So. 2d 788, 2002 WL 386118

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1248698

Cited 3 times | Published

the respondent's proper confession of error. Section 768.79(1), Florida Statutes (2001), provides for mandatory

Stern v. Zamudio

780 So. 2d 155, 2001 WL 27786

District Court of Appeal of Florida | Filed: Jan 12, 2001 | Docket: 785916

Cited 3 times | Published

served a proposal for settlement, pursuant to section 768.79, Florida Statutes (1993), and Florida Rule

Glanzberg v. Kauffman

771 So. 2d 60, 2000 WL 1532815

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 87637

Cited 3 times | Published

the Kauffmans costs and attorney's fees under section 768.79, Florida Statutes. We clarify, however, that

Tucker v. Ohren

739 So. 2d 684, 1999 WL 675354

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 1688750

Cited 3 times | Published

judgment. The supreme court has interpreted section 768.79(6)(a), Florida Statutes, as limiting attorney's

Abbott & Purdy Group Inc. v. Bell

738 So. 2d 1024, 1999 WL 625485

District Court of Appeal of Florida | Filed: Aug 18, 1999 | Docket: 2452119

Cited 3 times | Published

TAYLOR, J. The issue in this appeal is whether section 768.79, Florida Statutes, and Florida Rule of Civil

Stofman v. World Marine Underwriters, Inc.

729 So. 2d 959, 1999 Fla. App. LEXIS 1477, 1999 WL 72191

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1172143

Cited 3 times | Published

1036, 1040 (Fla. 4th DCA 1993), interpreting section 768.79.[3] In Schmidt we said: "[T]he legislature

Stofman v. World Marine Underwriters, Inc.

729 So. 2d 959, 1999 Fla. App. LEXIS 1477, 1999 WL 72191

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1172143

Cited 3 times | Published

1036, 1040 (Fla. 4th DCA 1993), interpreting section 768.79.[3] In Schmidt we said: "[T]he legislature

Jones v. Budget Rent-A-Car Systems, Inc.

723 So. 2d 401, 1999 Fla. App. LEXIS 191, 1999 WL 9821

District Court of Appeal of Florida | Filed: Jan 13, 1999 | Docket: 1319664

Cited 3 times | Published

Systems, Inc., attorney's fees pursuant to section 768.79(6)(a), Florida Statutes. We reverse. Jones

Gammie v. State Farm Mut. Auto. Ins. Co.

720 So. 2d 1163, 1998 Fla. App. LEXIS 14893, 1998 WL 821729

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 2513078

Cited 3 times | Published

her motion for attorney's fees pursuant to section 768.79, Florida Statutes (1991). Gammie filed her

Hanzelik v. GROTTOLI AND HUDON INVEST.

687 So. 2d 1363, 1997 WL 66210

District Court of Appeal of Florida | Filed: Feb 19, 1997 | Docket: 1718592

Cited 3 times | Published

Hudon"), offer of judgment made pursuant to section 768.79, Florida Statutes (1993), as untimely. He also

Segarra v. Mellerson

675 So. 2d 980, 1996 WL 279232

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1694497

Cited 3 times | Published

McCarthy's motion for attorney's fees pursuant to Section 768.79, Florida Statutes (1993). McCarthy had filed

National Educ. Centers, Inc. v. Kirkland

678 So. 2d 1304, 1996 WL 228600

District Court of Appeal of Florida | Filed: May 8, 1996 | Docket: 1470664

Cited 3 times | Published

$100,000 offered under the 1986 version of section 768.79, Florida Statutes. In the prior appeal, appellant

Coast to Coast Real Estate v. Waterfront

668 So. 2d 686, 1996 Fla. App. LEXIS 1627, 1996 WL 81788

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 1687040

Cited 3 times | Published

trial court's denial of attorney's fees under section 768.79, Florida Statutes (1993). We reverse and remand

Westfield Ins. Co. v. Mendolera

647 So. 2d 223, 1994 Fla. App. LEXIS 9306, 1994 WL 523421

District Court of Appeal of Florida | Filed: Sep 28, 1994 | Docket: 83063

Cited 3 times | Published

A. MENDOLERA PER CURIAM. In accordance with section 768.79, Florida Statutes (1993), Joseph Mendolera

Government Employees Ins. Co. v. Thompson

641 So. 2d 189, 1994 WL 445630

District Court of Appeal of Florida | Filed: Aug 19, 1994 | Docket: 1152644

Cited 3 times | Published

order denying GEICO attorney's fees pursuant to section 768.79, Florida Statutes (1991), when there was no

Bosch v. Hajjar

639 So. 2d 1096, 1994 WL 375832

District Court of Appeal of Florida | Filed: Jul 20, 1994 | Docket: 1310578

Cited 3 times | Published

was made.... (footnote omitted). Similarly, section 768.79(6), Florida Statutes (1991), read: "Upon motion

WESTERN WASTE INDUSTRIES v. Achord

632 So. 2d 680, 1994 WL 54795

District Court of Appeal of Florida | Filed: Feb 25, 1994 | Docket: 1514030

Cited 3 times | Published

Western filed an offer of settlement pursuant to section 768.79, Florida Statutes, offering a total of $15

Rabatie v. US SEC. Ins. Co.

581 So. 2d 1327, 1989 WL 81699

District Court of Appeal of Florida | Filed: Jul 2, 1991 | Docket: 1283688

Cited 3 times | Published

award in favor of the defendant/insurer under Section 768.79(1)(a), Florida Statutes (1987). We reach this

Reinhardt v. Bono

564 So. 2d 1233, 1990 WL 108829

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 1689043

Cited 3 times | Published

upon nor affects rule 1.442. Santiesteban. Section 768.79 and section 45.061 took effect July 1, 1986

R.J. Reynolds Tobacco Co. v. Lewis

275 So. 3d 747

District Court of Appeal of Florida | Filed: Jun 14, 2019 | Docket: 64719849

Cited 2 times | Published

costs and moved for attorney's fees pursuant to section 768.79(6)(b), Florida Statutes (2014). That section

Starboard Cruise Services v. Deprince

259 So. 3d 295

District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 8221173

Cited 2 times | Published

proposal for settlement filed pursuant to section 768.79, Florida Statutes (2015), as implemented by

SOUTHERN SPECIALTIES, INC. v. FARMHOUSE TOMATOES, INC

259 So. 3d 869

District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 8221306

Cited 2 times | Published

damage claims, which is not permitted under section 768.79, Florida Statutes. Southern grows and distributes

Ruiz v. Policlinica Metropolitana, C.A.

260 So. 3d 1081

District Court of Appeal of Florida | Filed: Sep 26, 2018 | Docket: 64699925

Cited 2 times | Published

against the Appellee/plaintiff below pursuant to section 768.79, Florida Statutes (2015), and Florida Rule

Zendejas v. Redman

334 F. Supp. 3d 1249

District Court, S.D. Florida | Filed: Sep 25, 2018 | Docket: 64320698

Cited 2 times | Published

to recover their attorney's fees pursuant to section 768.79 of the Florida Statutes. The Florida offer

21ST CENTURY CENTENNIAL INSURANCE COMPANY v. DWAYNE WALKER

254 So. 3d 978

District Court of Appeal of Florida | Filed: Aug 29, 2018 | Docket: 7766237

Cited 2 times | Published

proposals for settlement on Insurer pursuant to section 768.79, Florida Statutes (2017)—one for each of the

Wallen v. Tyson

174 So. 3d 1058, 2015 Fla. App. LEXIS 13192, 2015 WL 5165528

District Court of Appeal of Florida | Filed: Sep 4, 2015 | Docket: 60250260

Cited 2 times | Published

and costs under the terms of the Proposal and section 768.79, Florida Statutes (2013). Tyson moved to strike

Borden Dairy Co. of Alabama v. Kuhajda

171 So. 3d 242, 2015 Fla. App. LEXIS 12062, 2015 WL 4774629

District Court of Appeal of Florida | Filed: Aug 14, 2015 | Docket: 60249706

Cited 2 times | Published

to tax attorneys’ fees and costs pursuant to section 768.79, Florida Statutes and Florida Rule of Civil

saritha reddy Paduru and Ravi Anugu v. Allison W. Klinkenberg

157 So. 3d 314

District Court of Appeal of Florida | Filed: Dec 16, 2014 | Docket: 2616179

Cited 2 times | Published

with a proposal for settlement pursuant to section 768.79, Florida Statutes, and rule 1.442, Florida

Scherer Construction & Engineering of Central Florida, LLC v. Scott Partnership Architecture, Inc.

151 So. 3d 528, 2014 Fla. App. LEXIS 18255, 2014 WL 5782033

District Court of Appeal of Florida | Filed: Nov 7, 2014 | Docket: 60244470

Cited 2 times | Published

without prejudice are not recoverable pursuant to section 768.79, Florida Statutes (2013), we reverse that portion

GEICO Casualty Co. v. Barber

147 So. 3d 109, 2014 WL 3966053, 2014 Fla. App. LEXIS 12512

District Court of Appeal of Florida | Filed: Aug 15, 2014 | Docket: 60243074

Cited 2 times | Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (2008). Barber did not accept

Advanced Chiropractic and Rehabilitation Center, Corp. v. United Automobile Insurance Co.

140 So. 3d 529, 39 Fla. L. Weekly Supp. 360, 2014 WL 2208895, 2014 Fla. LEXIS 1743

Supreme Court of Florida | Filed: May 29, 2014 | Docket: 795933

Cited 2 times | Published

a party may move for attorney’s fees under section 768.79, Florida Statutes (1993), after the action

Royal Caribbean Cruises, Ltd. v. Cox

137 So. 3d 1157, 2014 A.M.C. 1919, 2014 WL 1385885, 2014 Fla. App. LEXIS 5230

District Court of Appeal of Florida | Filed: Apr 9, 2014 | Docket: 60240196

Cited 2 times | Published

pursuant to Florida’s offer of judgment statute, section 768.79, Florida Statutes (1997), following a jury

UCF Athletics Ass'n v. Plancher

121 So. 3d 616, 2013 Fla. App. LEXIS 12797, 2013 WL 4226848

District Court of Appeal of Florida | Filed: Aug 16, 2013 | Docket: 60234463

Cited 2 times | Published

entry of final judgment in favor of Appellee. See § 768.79, Fla. Stat. (2011); Fla. R. Civ. P. 1.442. We

Florida Diversified Films, Inc. v. Simon Roofing & Sheet Metal Corp.

118 So. 3d 240, 2013 WL 3723215, 2013 Fla. App. LEXIS 11238

District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60233136

Cited 2 times | Published

settlement; the proposal for settlement complies with section 768.79, Florida Statutes (2007), and Florida Rule

Leon F. Cohn, M.D., P.A. v. Visual Health & Surgical Center, Inc.

125 So. 3d 860, 2013 WL 1442234, 2013 Fla. App. LEXIS 5711

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60236095

Cited 2 times | Published

pursuant to Florida’s Offer of Judgment Statute, section 768.79, Florida Statutes (1997). The trial court found

Smith v. Psychiatric Solutions, Inc.

864 F. Supp. 2d 1241, 2012 U.S. Dist. LEXIS 44536, 2012 WL 1071956

District Court, N.D. Florida | Filed: Mar 30, 2012 | Docket: 65981609

Cited 2 times | Published

grant of fees for the state claim, pursuant to Section 768.79 [regarding offers of judgment] is the same

McGregor v. Molnar

79 So. 3d 908, 2012 WL 513012, 2012 Fla. App. LEXIS 2462

District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 60305413

Cited 2 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2010), and the rule implementing

Gonzalez v. Claywell

82 So. 3d 1000, 2011 Fla. App. LEXIS 12793, 2011 WL 3558161

District Court of Appeal of Florida | Filed: Aug 15, 2011 | Docket: 1934780

Cited 2 times | Published

Dawn Elizabeth Claywell, appellee, pursuant to section 768.79, Florida Statutes (2008), and Florida Rule

Arrowood Indemnity Co. v. Acosta, Inc.

58 So. 3d 286, 2011 Fla. App. LEXIS 1915, 2011 WL 522795

District Court of Appeal of Florida | Filed: Feb 16, 2011 | Docket: 60299297

Cited 2 times | Published

underlying case, Arrowood moved for fees pursuant to section 768.79(7)(a), Florida Statutes, the offer of judgment

Jessla Construction Corp. v. Miami-Dade County School Board

48 So. 3d 127, 2010 Fla. App. LEXIS 17676, 2010 WL 4628557

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 60296515

Cited 2 times | Published

School Board (“School Board”), pursuant to section 768.79, Florida Statutes (2008), and Florida Rule

Donovan Marine, Inc. v. Delmonico

40 So. 3d 69, 2010 Fla. App. LEXIS 9868, 2010 WL 2675236

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 2396167

Cited 2 times | Published

joint proposal for settlement, pursuant to section 768.79, Florida Statutes and Florida Rule of Civil

Bosem v. Commerce & Industry Insurance Co.

35 So. 3d 944, 2010 Fla. App. LEXIS 5258, 2010 WL 1565553

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 1645740

Cited 2 times | Published

judgment against it in the sum of $250 pursuant to Section 768.79 of the Florida StatutesOffer of *946 Judgment

Cooper v. Marriott International, Inc.

16 So. 3d 156, 2009 Fla. App. LEXIS 8752, 2009 WL 1872441

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 1641116

Cited 2 times | Published

requests under section 768.79, Florida Statutes. Our sister court noted that “section 768.79(6) seems to

Central Motor Co. v. Shaw

3 So. 3d 367, 2009 Fla. App. LEXIS 193, 2009 WL 77985

District Court of Appeal of Florida | Filed: Jan 14, 2009 | Docket: 1652776

Cited 2 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2007). We affirm the trial

Sanchez v. State Farm Florida Ins. Co.

997 So. 2d 1209, 2008 Fla. App. LEXIS 19355, 2008 WL 5352226

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1720616

Cited 2 times | Published

for appellate attorney fees filed pursuant to section 768.79 of the Florida Statutes (2007), Florida's "Offer

DuPont Builders, Inc. v. Baker

987 So. 2d 146, 2008 WL 2697561

District Court of Appeal of Florida | Filed: Jul 11, 2008 | Docket: 1289467

Cited 2 times | Published

joint motion for attorney's fees pursuant to section 768.79, Florida Statutes (2006), and Florida Rule

Clements v. Rose

982 So. 2d 731, 2008 WL 1774091

District Court of Appeal of Florida | Filed: Apr 21, 2008 | Docket: 1664648

Cited 2 times | Published

motion for attorneys' fees filed pursuant to section 768.79, Florida Statutes (2007). Because the trial

Liggett Group, Inc. v. Davis

975 So. 2d 1281, 2008 Fla. App. LEXIS 3890, 2008 WL 723854

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1727040

Cited 2 times | Published

filed a motion for attorney's fees, pursuant to section 768.79, Florida Statutes (2002), and Florida Rule

Gale Industries, Inc. v. Trytek

960 So. 2d 805, 2007 WL 1789266

District Court of Appeal of Florida | Filed: Aug 3, 2007 | Docket: 1407325

Cited 2 times | Published

trial court. See Fla. R. Civ. P. 1.442.; Fla. Stat. 768.79 (2005).

Sparklin v. SOUTHERN INDUS. ASSOCIATES

960 So. 2d 895, 2007 Fla. App. LEXIS 11017, 2007 WL 2065776

District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 1726303

Cited 2 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2004). Because the offer

Williams v. Miami-Dade County

957 So. 2d 52, 2007 Fla. App. LEXIS 6636, 2007 WL 1261127

District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 314060

Cited 2 times | Published

court's partial denial of its motion pursuant to section 768.79, Florida Statutes (2005), for costs and attorney's

Easters v. Russell

942 So. 2d 1008, 2006 WL 3498313

District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 1737137

Cited 2 times | Published

fees based on a proposal for settlement under section 768.79, Florida Statutes (2002), and Florida Rule

Vanderpol v. Frengut

932 So. 2d 1251, 2006 WL 1896386

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 1285428

Cited 2 times | Published

appellant's proposal for settlement was invalid under section 768.79 and rule 1.442, appellees served a motion for

Vavrus v. City of Palm Beach Gardens

927 So. 2d 992, 2006 WL 862095

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 1765520

Cited 2 times | Published

settlement submitted by the City pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

McHale v. Grobowsky

913 So. 2d 1292, 2005 WL 3116105

District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 626327

Cited 2 times | Published

fees based on an offer of judgment pursuant to section 768.79, Florida Statutes (1987), and the parties stipulated

Lee v. PROGRESSIVE EXP. INS. CO.

909 So. 2d 475, 2005 WL 2016904

District Court of Appeal of Florida | Filed: Aug 24, 2005 | Docket: 1663174

Cited 2 times | Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes, offering to settle his claim

Sink v. Emerald Hill Owners Ass'n, Inc.

903 So. 2d 1047, 2005 WL 1412215

District Court of Appeal of Florida | Filed: Jun 17, 2005 | Docket: 2561988

Cited 2 times | Published

Florida Rule of Civil Procedure 1.442, and section 768.79, Florida Statutes. We reverse because the proposal

Morgan v. Beekie

879 So. 2d 110, 2004 WL 1749177

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 463750

Cited 2 times | Published

under Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (1997). On June 18, 1999

Betts v. Ace Cash Express, Inc.

863 So. 2d 1252, 2004 Fla. App. LEXIS 12, 2004 WL 19505

District Court of Appeal of Florida | Filed: Jan 2, 2004 | Docket: 64827554

Cited 2 times | Published

and Mr. Cardegna pursuant to rule 1.442 and section 768.79, Florida Statutes. Ace proposed to pay each

Hibbard v. McGraw

862 So. 2d 816, 2003 WL 22867622

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 1763023

Cited 2 times | Published

valid proposal for settlement are set forth in section 768.79[4] and Florida Rule of Civil Procedure *820

Hales v. Advanced Systems Design, Inc.

855 So. 2d 1232, 2003 Fla. App. LEXIS 15266, 2003 WL 22326983

District Court of Appeal of Florida | Filed: Oct 13, 2003 | Docket: 1752618

Cited 2 times | Published

provide a basis for the award under either section 768.79, Florida Statutes (2001), or Florida Rule of

Graef v. Dames & Moore Group, Inc.

857 So. 2d 257, 2003 WL 22080835

District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 1774235

Cited 2 times | Published

judgment because its motion for fees under section 768.79, Florida Statutes (1991), was filed more than

Bennett v. Morales

845 So. 2d 1002, 2003 WL 21203247

District Court of Appeal of Florida | Filed: May 23, 2003 | Docket: 1728745

Cited 2 times | Published

for settlement made by Howell, pursuant to section 768.79 and Florida Rule of Civil Procedure 1.442,

Crespo v. Woodland Lakes Creative Retirement Concepts, Inc.

845 So. 2d 342, 2003 WL 21176658

District Court of Appeal of Florida | Filed: May 21, 2003 | Docket: 1432523

Cited 2 times | Published

requirements of section 768.79, Florida Statutes (2001), and rule 1.442. Section 768.79(2) requires a proposal

Doyle-Vallery v. Aranibar

838 So. 2d 1198, 2003 WL 201343

District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 212883

Cited 2 times | Published

multiplier to calculate the award pursuant to section 768.79, Florida Statutes (2001). We affirm the trial

Ormond Beach Associates Ltd. v. Citation Mortg., Ltd.

835 So. 2d 292, 2002 Fla. App. LEXIS 18701, 2002 WL 31841645

District Court of Appeal of Florida | Filed: Dec 20, 2002 | Docket: 1642948

Cited 2 times | Published

and costs which had been filed pursuant to section 768.79 of the Florida Statutes (Florida's offer of

NORMAN EX REL. ESTATE OF CLEFF v. Farrow

832 So. 2d 158, 27 Fla. L. Weekly Fed. D 2403

District Court of Appeal of Florida | Filed: Nov 7, 2002 | Docket: 1335644

Cited 2 times | Published

entitlement to attorney's fees pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

Anderson v. King

817 So. 2d 1102, 2002 WL 1300254

District Court of Appeal of Florida | Filed: Jun 14, 2002 | Docket: 1728310

Cited 2 times | Published

motion for attorney's fees and costs under section 768.79, Florida Statutes (2001). Anderson argues that

Standard Jury Inst-Civ. Cases (01-1 & 01-2)

825 So. 2d 277, 27 Fla. L. Weekly Supp. 555, 2002 Fla. LEXIS 1158, 2002 WL 1232963

Supreme Court of Florida | Filed: Jun 6, 2002 | Docket: 1691096

Cited 2 times | Published

no end: that information serves no purpose in § 768.79, Alternative methods of payment of [economic]

Estate of Cort v. Broward County Sheriff

807 So. 2d 736, 27 Fla. L. Weekly Fed. D 410

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 1750784

Cited 2 times | Published

failure to "create" a substantive right since section 768.79, Florida Statutes, already created the substantive

Chapman v. Laitner

809 So. 2d 51, 2002 WL 180953

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 1385372

Cited 2 times | Published

Laitner's motion for attorney's fees pursuant to section 768.79, Florida Statutes (2000), and Rule 1.442, Florida

Gill v. McGuire

806 So. 2d 629, 2002 WL 181138

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 1430719

Cited 2 times | Published

under the offer of judgment statute. See generally § 768.79(1), Fla. Stat. (2000). Reversed and remanded.

Smiley v. Nelson

805 So. 2d 870, 2001 WL 1048543

District Court of Appeal of Florida | Filed: Sep 14, 2001 | Docket: 1242295

Cited 2 times | Published

and costs pursuant to an offer of judgment. Section 768.79, Florida Statutes (1993), provides that a defendant

Dean v. Vazquez

786 So. 2d 637, 2001 WL 543191

District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 1279063

Cited 2 times | Published

court's denial of attorneys' fees and costs under section 768.79, Fla. Stat. (2000). Dean was a sixty-seven-year-old

Kaplan v. Goldfarb

777 So. 2d 1208, 2001 WL 166703

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 217705

Cited 2 times | Published

and Costs. The motion was brought pursuant to section 768.79, Florida Statutes (1990). We reverse because

White v. Steak and Ale of Florida, Inc.

779 So. 2d 527, 2000 WL 1838339

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 2580269

Cited 2 times | Published

Steak and Ale of Florida, Inc., pursuant to section 768.79, Florida Statutes (1993).[1] We affirm. See

INTERN. FIDELITY v. Prestige Rent-A-Car

715 So. 2d 1025, 1998 Fla. App. LEXIS 9468, 1998 WL 416496

District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 1365761

Cited 2 times | Published

pay Prestige's attorneys' fees pursuant to section 768.79 of the Florida Statutes (1993), which provides

CLINICA LOURDES INC. v. Miro

713 So. 2d 1062, 1998 Fla. App. LEXIS 8118, 1998 WL 374753

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 1450483

Cited 2 times | Published

denying their application for attorneys' fees under § 768.79(2), Fla. Stat. (1995). While the plaintiff's recovery

Stephenson v. Holiday Rambler Corp.

709 So. 2d 139, 1998 Fla. App. LEXIS 2638, 1998 WL 117169

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 1681995

Cited 2 times | Published

attorney's fees to Appellee/Defendant, pursuant to section 768.79, Florida Statutes, based on Appellant's rejection

Horton v. Channing

698 So. 2d 865, 1997 WL 394892

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 1524329

Cited 2 times | Published

the granting of attorney's fees pursuant to section 768.79, Florida Statutes, in light of our decisions

Murphy v. Tucker

689 So. 2d 1164, 1997 WL 90840

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 1477449

Cited 2 times | Published

Statutes (1995). The offer did not reference section 768.79, Florida Statutes (1995). In Knealing v. Puleo

Special's Trading v. Intern. Consumer

679 So. 2d 369, 1996 WL 526250

District Court of Appeal of Florida | Filed: Sep 18, 1996 | Docket: 1214612

Cited 2 times | Published

defendant served an offer of judgment under section 768.79, Florida Statutes (1995). At a later hearing

Twiddy v. Roca

677 So. 2d 387, 1996 WL 410715

District Court of Appeal of Florida | Filed: Jul 24, 1996 | Docket: 1473792

Cited 2 times | Published

appellees, Salvador and Sonia Roca, pursuant to section 768.79, Florida Statutes (1987). We agree that the

DELEUW, CATHER & COMPANY v. Grogis

664 So. 2d 989, 1995 WL 553024

District Court of Appeal of Florida | Filed: Sep 20, 1995 | Docket: 395200

Cited 2 times | Published

Appellant responded with a motion to strike. Section 768.79, Florida Statutes (1993), under which this

PINELLAS BD. OF COM'RS v. Bettis

659 So. 2d 1365

District Court of Appeal of Florida | Filed: Sep 8, 1995 | Docket: 1462765

Cited 2 times | Published

the County a demand for judgment pursuant to section 768.79, Florida Statutes (1989), in the amount of

Samuels v. Franz

632 So. 2d 73, 1993 Fla. App. LEXIS 9489, 1993 WL 372192

District Court of Appeal of Florida | Filed: Sep 24, 1993 | Docket: 64746431

Cited 2 times | Published

Civ.P. 1.380, 1.720, 1.730; Fla.R.App.P. 9.140; § 768.79, Fla. Stat. (1991). In this case, however, the

Curenton v. Chester

576 So. 2d 969, 1991 WL 44910

District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 1669882

Cited 2 times | Published

authority upon which the court based the award. Section 768.79(1)(a) of the Florida Statutes provides: In

Norris & Associates of Naples, Inc. v. Elkins

570 So. 2d 1386, 1990 WL 202690

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 1348942

Cited 2 times | Published

Yaeger, 571 So.2d 600 (Fla. 2d DCA 1990) (section 768.79 and rule 1.442); Gunn v. DePaoli, 562 So.2d

Royster v. Van Der Meulen

564 So. 2d 1204, 1990 Fla. App. LEXIS 5494, 1990 WL 107753

District Court of Appeal of Florida | Filed: Jul 25, 1990 | Docket: 1294588

Cited 2 times | Published

442, Florida Rules of Civil Procedure, and Section 768.79, Florida Statutes (1987). We reverse the award

Williams v. Arai Hirotake, Ltd.

731 F. Supp. 1557, 1990 U.S. Dist. LEXIS 2591, 1990 WL 26140

District Court, S.D. Florida | Filed: Feb 16, 1990 | Docket: 1743756

Cited 2 times | Published

Stat. § 45.061 (1987) (offers of settlement); § 768.79 (1986) (offers of judgment). Similarly, this case

Restal v. Nocera

268 So. 3d 270

District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 64710904

Cited 1 times | Published

pursuant to the offer-of-judgment statute. See § 768.79, Fla. Stat. (2012) ; see also Fla. R. Civ. P.

Smith v. R.J. Reynolds Tobacco Co.

369 F. Supp. 3d 1269

District Court, M.D. Florida | Filed: Mar 29, 2019 | Docket: 64323551

Cited 1 times | Published

Plaintiff's request for attorney's fees under § 768.79, Fla. Stat. (Doc. 288). Plaintiff did not file

Kempton v. McComb

266 So. 3d 272

District Court of Appeal of Florida | Filed: Mar 15, 2019 | Docket: 64707699

Cited 1 times | Published

fees and costs to Lawrence McComb, pursuant to section 768.79, Florida Statutes (2015), and Florida Rule

Steak 'n Shake Operations, Inc. v. Michael Davis

265 So. 3d 694

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 14572788

Cited 1 times | Published

denial of his motion for attorney’s fees under section 768.79, Florida Statutes. We affirm the final judgment

Breger v. Robshaw Custom Homes, Inc.

264 So. 3d 1147

District Court of Appeal of Florida | Filed: Feb 22, 2019 | Docket: 64705124

Cited 1 times | Published

of Civil Procedure 1.442 and Florida Statutes § 768.79. 2. SCANLAN proposes to settle all of SCANLAN's

Hayes Robertson Group v. Cherry

260 So. 3d 1126

District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 8395129

Cited 1 times | Published

Robertson moved for attorney’s fees pursuant to section 768.79, Florida Statutes (2017). The individual plaintiffs

W. Riley Allen v. Jairo Rafael Nunez

258 So. 3d 1207

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982200

Cited 1 times | Published

explains, proposals for settlement are governed by section 768.79, Florida Statutes (2017), and *1218Florida

Atlantic Civil v. Swift III

271 So. 3d 21

District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 7975839

Cited 1 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statues (2010), and Florida Rule

GUSTAV RENNY v. ERIKAH BERTOLOTI

252 So. 3d 761

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511624

Cited 1 times | Published

of settlement comports with rule 1.442 and section 768.79 is de novo because a proposal for settlement

Azalea Trace, Inc. v. Nora Matos and Arnold Eskin

249 So. 3d 699

District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7024347

Cited 1 times | Published

a fee award. First, they sought fees under section 768.79, Florida Statutes (2013), Florida’s offer-of-judgment

Pacheco v. Gonzalez

254 So. 3d 527

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716291

Cited 1 times | Published

Settlement (the “Proposal”) served pursuant to section 768.79, Florida Statutes (2011), and Florida Rule

Peltz v. Trust Hospitality International, LLC

242 So. 3d 518

District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360288

Cited 1 times | Published

judgment. II. ANALYSIS3 Section 768.79 of the Florida Statutes provides the substantive

Diaz v. Citizens Property Insurance Corp.

227 So. 3d 735

District Court of Appeal of Florida | Filed: Sep 20, 2017 | Docket: 6155336

Cited 1 times | Published

awarding costs and attorney’s fees pursuant to section 768.79 of the Florida Statutes and rule 1.442 of the

Sherman v. Savastano

220 So. 3d 441, 2017 WL 2665064, 2017 Fla. App. LEXIS 8983

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 60267220

Cited 1 times | Published

207 So.3d 1008, 1010 (Fla. 4th DCA 2017). Section 768.79 of the Florida Statutes creates a substantive

American Home Assurance Co. v. D'Agostino

211 So. 3d 63, 2017 WL 34565, 2017 Fla. App. LEXIS 80

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 60262673

Cited 1 times | Published

pursuant to a proposal for settlement served under section 768.79, Florida Statutes (2014), and Florida Rule

Barton v. Capitol Preferred Insurance Co.

208 So. 3d 239, 2016 Fla. App. LEXIS 18168

District Court of Appeal of Florida | Filed: Dec 9, 2016 | Docket: 4553787

Cited 1 times | Published

Bartons with a proposed settlement, pursuant to section 768.79, Florida Statutes (2013), offering to settle

Faith Freight Forwarding Corp. v. Anias

206 So. 3d 753, 2016 Fla. App. LEXIS 14527

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 4426700

Cited 1 times | Published

pursuant to section 768.79, Florida' Statutes (2014), was invalid. Section 768.79(1) applies “[i]n

Florida Peninsula Insurance Co. v. Brunner

193 So. 3d 1026, 2016 WL 3181908, 2016 Fla. App. LEXIS 8781

District Court of Appeal of Florida | Filed: Jun 8, 2016 | Docket: 3071053

Cited 1 times | Published

Florida Rule of' Civil Procedure 1.442 and section 768.79,’Florida Statutés (2013). The plaintiff/instíred

Manuel Diaz Farms, Inc. v. Delgado

193 So. 3d 71, 2016 WL 2731461, 2016 Fla. App. LEXIS 7158

District Court of Appeal of Florida | Filed: May 11, 2016 | Docket: 3062976

Cited 1 times | Published

proposal for settlement pursuant to Rule 1.442 and section 768.79, Florida Statutes (2012). MDF proposed to resolve

Batchelor v. Geico Casualty Co.

142 F. Supp. 3d 1220, 2015 U.S. Dist. LEXIS 144891

District Court, M.D. Florida | Filed: Oct 22, 2015 | Docket: 64305139

Cited 1 times | Published

judgment” to the plaintiff (the PFS). See Fla. Stat., § 768.79; see also Fla. R. Civ. P. 1.442. If the plaintiff

Hsi Chang v. JPMorgan Chase Bank, N.A.

138 F. Supp. 3d 1352, 2015 U.S. Dist. LEXIS 141571, 2015 WL 5934285

District Court, S.D. Florida | Filed: Sep 25, 2015 | Docket: 64304793

Cited 1 times | Published

'Court to construe the thirty-day time period of Section 768.79 of the Florida Statutes as substantive state

Key West Seaside, LLC v. Certified Lower Keys Plumbing, Inc.

208 So. 3d 718, 2015 Fla. App. LEXIS 13047

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690034

Cited 1 times | Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2010), and Florida Rule

United Automobile Insurance Co. v. Comprehensive Health Center

173 So. 3d 1061, 2015 Fla. App. LEXIS 11689, 2015 WL 4634556

District Court of Appeal of Florida | Filed: Aug 5, 2015 | Docket: 2681892

Cited 1 times | Published

attorney’s fees under the offer of judgment statute, section 768.79, Florida Statutes (2012). If the terms of the

Philip Morris USA, Inc. v. Cuculino

165 So. 3d 36

District Court of Appeal of Florida | Filed: May 6, 2015 | Docket: 2654867

Cited 1 times | Published

motion for attorney’s fees filed pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

MI Windows & Doors, LLC v. Liberty Mutual Fire Insurance

88 F. Supp. 3d 1326, 2015 U.S. Dist. LEXIS 20544, 2015 WL 738031

District Court, M.D. Florida | Filed: Feb 20, 2015 | Docket: 64300648

Cited 1 times | Published

Section 624.155(l)(b)(l). BDO Seidman considered Section 768.79(1), Florida Statutes, which purports to apply

Hoang Dinh Duong v. Ziadie

153 So. 3d 354, 2014 Fla. App. LEXIS 20450, 2014 WL 7150568

District Court of Appeal of Florida | Filed: Dec 17, 2014 | Docket: 60245235

Cited 1 times | Published

with Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes, is reviewed de novo. Nationwide

Arce v. Wackenhut Corp.

146 So. 3d 1236, 2014 Fla. App. LEXIS 14102, 2014 WL 4435949

District Court of Appeal of Florida | Filed: Sep 10, 2014 | Docket: 1185244

Cited 1 times | Published

offers of judgment in Florida. Pursuant to section 768.79, Florida Statutes (2006): (1) In any civil

Mathis v. Cook

140 So. 3d 654, 2014 WL 2130255, 2014 Fla. App. LEXIS 7816

District Court of Appeal of Florida | Filed: May 23, 2014 | Docket: 60241567

Cited 1 times | Published

, 960 So.2d 895, 897 (Fla. 5th DCA 2007). “Section 768.79, Florida Statutes ... provides a sanction against

Lopez v. State Farm Mutual Automobile

139 So. 3d 402, 2014 WL 2116366, 2014 Fla. App. LEXIS 7709

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60241091

Cited 1 times | Published

Florida’s proposal for settlement provision (section 768.79, Florida Statutes (2011)) constitutes a waiver

State Farm Insurance Co. v. Reyes

137 So. 3d 1122, 2014 WL 1257519, 2014 Fla. App. LEXIS 4410

District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240177

Cited 1 times | Published

the fee-shifting requirements set forth in section 768.79, Florida Statutes (2010), and in Florida Rule

Palm Beach Polo Holdings, Inc. v. Stewart Title Guaranty Co.

132 So. 3d 858, 2014 Fla. App. LEXIS 145, 2014 WL 51697

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238552

Cited 1 times | Published

insured a proposal for settlement pursuant to section 768.79, Florida Statutes (2010). The proposal offered

United Automobile Insurance Co. v. John S. Virga, D.C., P.A.

116 So. 3d 1288, 2013 WL 3814953, 2013 Fla. App. LEXIS 11627

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60232317

Cited 1 times | Published

under the proposal for settle*1289ment statute, section 768.79, Florida Statutes (2012). Respondent concedes

Cobb v. Durando

111 So. 3d 277, 2013 WL 1629226, 2013 Fla. App. LEXIS 6126

District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60230798

Cited 1 times | Published

attorney’s fees against Mr. Cobb in accordance with section 768.79, Florida Statutes (2011), and Florida Rule

Nicoll v. Magical Cruise Co.

110 So. 3d 98, 2013 WL 1007679, 2013 Fla. App. LEXIS 4194

District Court of Appeal of Florida | Filed: Mar 15, 2013 | Docket: 60230562

Cited 1 times | Published

seeks attorneys’ fees on appeal pursuant to section 768.79, Florida Statutes (2012). Entitlement to attorneys’

Delmonico v. Crespo

127 So. 3d 576, 2012 WL 6027800, 2012 Fla. App. LEXIS 20892

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60236761

Cited 1 times | Published

awarding nontaxable costs as a sanction under section 768.79, Florida Statutes (2011). As to these issues

Braaksma v. Pratt

103 So. 3d 913, 2012 Fla. App. LEXIS 19106, 2012 WL 5373433

District Court of Appeal of Florida | Filed: Nov 2, 2012 | Docket: 60227252

Cited 1 times | Published

It is from this order that Braaksma appeals. Section 768.79(1), Florida Statutes (2009), provides for attorney’s

Arnold v. Audiffred

98 So. 3d 746, 2012 WL 4800989, 2012 Fla. App. LEXIS 17310

District Court of Appeal of Florida | Filed: Oct 10, 2012 | Docket: 60312560

Cited 1 times | Published

awarding costs and attorney’s fees, pursuant to section 768.79, Florida Statutes (2008). He alleges that a

Estilien v. Dyda

93 So. 3d 1186, 2012 WL 3192762, 2012 Fla. App. LEXIS 13205

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60310489

Cited 1 times | Published

Estilien had rejected an offer of settlement under section 768.79(6)(b), Fla. Stat. (2012). The trial court ruled

State Farm Fire & Casualty Co. v. Rembrandt Mobile Diagnostics, Inc.

93 So. 3d 1161, 2012 WL 3101615, 2012 Fla. App. LEXIS 12524

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60310468

Cited 1 times | Published

under the proposal for settlement statute, section 768.79, Florida Statutes (2011). We agree and grant

Blanton v. Godwin

98 So. 3d 609, 2012 WL 3101749, 2012 Fla. App. LEXIS 12514

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60312486

Cited 1 times | Published

costs based on his proposal for settlement. See § 768.79, Fla. Stat. (2007); Fla. R. Civ. P. 1.442. Originally

Hodge v. Cichon

79 So. 3d 950, 2012 WL 591624, 2012 Fla. App. LEXIS 2899

District Court of Appeal of Florida | Filed: Feb 24, 2012 | Docket: 453838

Cited 1 times | Published

Appellees, the defendants below, pursuant to section 768.79, Florida Statutes. The attorney's fees award

Mejia v. United Automobile Insurance Co.

83 So. 3d 897, 2012 WL 469810, 2012 Fla. App. LEXIS 2168

District Court of Appeal of Florida | Filed: Feb 15, 2012 | Docket: 303991

Cited 1 times | Published

that it was entitled to *898 fees pursuant to section 768.79, Florida Statutes (2011), the offer of judgment

Jones v. Publix Supermarkets, Inc.

68 So. 3d 422, 2011 Fla. App. LEXIS 14104, 2011 WL 3903179

District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 2355986

Cited 1 times | Published

Plaintiff/Appellant's Motion for Attorneys Fees pursuant to section 768.79, Florida Statutes (2007) and Fla. R. Civ. P

Mix v. ADVENTIST HEALTH SYSTEM/SUNBELT, INC.

67 So. 3d 289, 2011 Fla. App. LEXIS 4654, 2011 WL 1195860

District Court of Appeal of Florida | Filed: Apr 1, 2011 | Docket: 2360829

Cited 1 times | Published

Hospital Orlando ("Florida Hospital") under section 768.79, Florida *291 Statutes (2005). Florida Hospital

Gawtrey v. Hayward

50 So. 3d 739, 2010 Fla. App. LEXIS 19461, 35 Fla. L. Weekly Fed. D 2886

District Court of Appeal of Florida | Filed: Dec 22, 2010 | Docket: 2401358

Cited 1 times | Published

case "was worthy of trial." However, under section 768.79, Florida Statutes (2007), and Florida Rule

Underwood Anderson & Associates, Inc. v. Lillo's Italian Restaurant, Inc.

36 So. 3d 885, 2010 Fla. App. LEXIS 7700, 2010 WL 2219727

District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 2409639

Cited 1 times | Published

The restaurant sought attorney's fees under section 768.79, Florida Statutes (2004), because a year before

NILO v. Fugate

30 So. 3d 623, 2010 Fla. App. LEXIS 3346, 35 Fla. L. Weekly Fed. D 592

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 1121401

Cited 1 times | Published

evidence. Entitlement to attorney's fees under section 768.79, Florida Statutes (2006), is subject to de

Abu-Ghazaleh v. Chaul

36 So. 3d 691, 2009 Fla. App. LEXIS 18410, 2009 WL 4283085

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 1638941

Cited 1 times | Published

with an offer of judgment to recover under section 768.79, Florida Statutes (2007). Van Diepen and CSI

Milton v. Reyes

22 So. 3d 624, 2009 Fla. App. LEXIS 14907, 2009 WL 3189078

District Court of Appeal of Florida | Filed: Oct 7, 2009 | Docket: 60267083

Cited 1 times | Published

Proposal for Settlement to Defendant Pursuant to F.S. § 768.79 and Fla. R. Civ. P. 1.442.” The Notice contained

Hickman v. BARCLAY'S INTERNATIONAL REALTY, INC.

12 So. 3d 327, 2009 Fla. App. LEXIS 9606, 2009 WL 2031135

District Court of Appeal of Florida | Filed: Jul 15, 2009 | Docket: 1481502

Cited 1 times | Published

Aaserod, the defendant below, pursuant to section 768.79, Florida Statutes. "[W]here an award of attorney's

Harris Specialty Chemicals, Inc. v. Punto Azul S.A. de C.V.

12 So. 3d 809, 2009 Fla. App. LEXIS 4456, 2009 WL 1312549

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 60233829

Cited 1 times | Published

denying them motion for attorney’s fees under section 768.79, Florida Statutes (2007), and Florida Rule

Lorillard Tobacco Co. v. French

12 So. 3d 786, 2009 Fla. App. LEXIS 4198, 2009 WL 1211959

District Court of Appeal of Florida | Filed: May 6, 2009 | Docket: 1646879

Cited 1 times | Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (2000). Finding that plaintiff's

Baratta v. Bradford Electric, Inc.

9 So. 3d 694, 2009 Fla. App. LEXIS 3194, 2009 WL 996352

District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 60309070

Cited 1 times | Published

offer by Bradford Electric was made pursuant to section 768.79, Florida Statutes (2008), and Florida Rule

Design Pallets, Inc. v. Gray Robinson, P.A.

583 F. Supp. 2d 1282, 2008 U.S. Dist. LEXIS 106900, 2008 WL 4534256

District Court, M.D. Florida | Filed: Oct 7, 2008 | Docket: 1170112

Cited 1 times | Published

its attorneys' fees pursuant to FLA. STAT. § 768.79 ("§ 768.79") and its costs pursuant to FED. R. CIV.

San Martin v. DaimlerChrysler Corp.

983 So. 2d 620, 2008 Fla. App. LEXIS 5857, 2008 WL 1809321

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1756479

Cited 1 times | Published

to Florida Rule of Civil Procedure 1.442 and section 768.79 of the Florida Statutes (2004). The proposal

Baptiste v. FREMENICH

977 So. 2d 658

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 1529817

Cited 1 times | Published

except for pursuing the penalties of this section. § 768.79, Fla. Stat. In this case, both parties made offers

Jefferson v. City of Lake City

965 So. 2d 174, 2007 WL 2274518

District Court of Appeal of Florida | Filed: Aug 10, 2007 | Docket: 1509152

Cited 1 times | Published

unambiguous method for obtaining attorney fees. Section 768.79 provides a sanction against a party who unreasonably

Frosti v. Creel

943 So. 2d 1023, 2006 WL 3733321

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 246657

Cited 1 times | Published

to Florida Rule of Civil Procedure 1.442 and section 768.79(1), Florida Statutes (1995), because her proposals

Shoppes of Liberty City, LLC v. Sotolongo

932 So. 2d 468, 2006 WL 1540881

District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 1684734

Cited 1 times | Published

to unaccepted proposals for settlement under section 768.79, Florida Statutes, and Florida Rule of Civil

State Farm Mutual Automobile Insurance Co. v. Sharkey

928 So. 2d 1263, 2006 Fla. App. LEXIS 8106, 2006 WL 1408861

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 64844645

Cited 1 times | Published

entitlement to attorney’s fees and costs, pursuant to section 768.79, Florida Statutes (2005). The trial court denied

Official Cargo Transport Co. v. Certain Interested Underwriters at Lloyds of London

368 F. Supp. 2d 1314, 2005 U.S. Dist. LEXIS 11806, 2005 WL 1076025

District Court, S.D. Florida | Filed: May 3, 2005 | Docket: 2393134

Cited 1 times | Published

On April 24, 2003, pursuant to Florida Statute § 768.79 and Florida Rule of Civil Procedure 1.442, the

Francis v. Akerley

884 So. 2d 455, 2004 Fla. App. LEXIS 14647, 2004 WL 2238613

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 64833557

Cited 1 times | Published

fees based upon the offer of judgment statute, section 768.79, Florida Statutes (2003). At the hearing on

Brown & Williamson Tobacco Corp. v. Carter

848 So. 2d 365, 2003 WL 1876962

District Court of Appeal of Florida | Filed: Jun 26, 2003 | Docket: 1712373

Cited 1 times | Published

we affirm the trial court's application of section 768.79, Florida Statutes, but reverse the application

Walker v. Bozeman

243 F. Supp. 2d 1298, 2003 WL 291898

District Court, N.D. Florida | Filed: Feb 11, 2003 | Docket: 2285464

Cited 1 times | Published

Florida has adopted an offer of judgment system. See § 768.79, Fla. Stat. (2001). If a defendant makes an offer

Commonwealth Property Associates, Inc. v. Suntrust Bank

835 So. 2d 1175, 2002 WL 31840841

District Court of Appeal of Florida | Filed: Dec 20, 2002 | Docket: 1643518

Cited 1 times | Published

an award of attorney's fees in accord with section 768.79, Florida Statutes, the offer of judgment statute

USAA Casualty Insurance v. Auffant (In Re Auffant)

274 B.R. 554, 15 Fla. L. Weekly Fed. B 119, 2002 Bankr. LEXIS 202, 2002 WL 373343

United States Bankruptcy Court, M.D. Florida | Filed: Mar 11, 2002 | Docket: 1466661

Cited 1 times | Published

("USAA" or "Plaintiff"), is entitled under section 768.79 of the Florida Statutes and Rule 1.442 of the

D. Bruce McMahan v. William A. Toto

256 F.3d 1120, 2001 WL 769599

Court of Appeals for the Eleventh Circuit | Filed: Jul 10, 2001 | Docket: 396945

Cited 1 times | Published

§ 45.061 and, in the alternative, Fla. Stat. § 768.79, Toto made an offer to settle for $100 the litigation

Schapiro v. Rubinson

784 So. 2d 1135, 2000 WL 1629404

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 1744001

Cited 1 times | Published

claim. As to the attorney's fees issue, under section 768.79 Florida Statutes (1999), a defendant moving

Skyline, Inc. v. Titus

745 So. 2d 377, 1999 Fla. App. LEXIS 13203, 1999 WL 817809

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 64792384

Cited 1 times | Published

finding of their entitlement to fees under section 768.79, Florida Statutes (1997), or a finding that

Sparks v. Barnes

755 So. 2d 718, 1999 WL 770704

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 1699436

Cited 1 times | Published

her judgment for attorney's fees pursuant to section 768.79, Florida Statutes (1997), Sparks's liability

Pacer Technology v. Lee Pharmaceuticals, Inc.

737 So. 2d 1238, 1999 Fla. App. LEXIS 10429, 1999 WL 564580

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 2574879

Cited 1 times | Published

fees pursuant to the offer of judgment statute. § 768.79(7)(a), Fla. Stat. (1993). We reverse finding that

Dictiomatic, Inc. v. United States Fidelity & Guaranty Co.

127 F. Supp. 2d 1239, 1999 U.S. Dist. LEXIS 22398, 1999 WL 33228400

District Court, S.D. Florida | Filed: Jun 15, 1999 | Docket: 2379325

Cited 1 times | Published

Attorneys Fees from Plaintiffs Generally, Fla. Stat. § 768.79[2] creates a right to reasonable costs and attorney

Aero Toy Store, Inc. v. Sherwin-Williams Co.

725 So. 2d 1267, 1999 Fla. App. LEXIS 1307, 1999 WL 69578

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 64786058

Cited 1 times | Published

Sherwin-Williams served an offer of judgment pursuant to Section 768.79, Florida Statutes (1997), offering to settle

Standafer v. Schaller

726 So. 2d 352, 1999 Fla. App. LEXIS 641, 1999 WL 28682

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 64786235

Cited 1 times | Published

judgment entitles him to attorney’s fees under section 768.79, Florida Statutes (1997). Reversed and remanded

Hartley v. Guetzloe

712 So. 2d 817, 23 Fla. L. Weekly Fed. D 1609

District Court of Appeal of Florida | Filed: Jul 2, 1998 | Docket: 393982

Cited 1 times | Published

fees after they requested an award pursuant to section 768.79, Florida Statutes (1995). Hartley and Wall

Stewart v. Tasnet, Inc.

718 So. 2d 820, 1998 WL 685059

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1515113

Cited 1 times | Published

their motion for attorneys' fees pursuant to section 768.79(1), Florida Statutes (1995). We affirm the

City of Live Oak v. Harris

702 So. 2d 276, 1997 WL 765642

District Court of Appeal of Florida | Filed: Dec 8, 1997 | Docket: 1513258

Cited 1 times | Published

against the City. Fees were awarded pursuant to section 768.79, Florida Statutes (1995) because the damages

Bailey v. Chamblee

697 So. 2d 972, 1997 Fla. App. LEXIS 9007, 1997 WL 441194

District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 64775311

Cited 1 times | Published

Miller of attorney’s fees and costs pursuant to section 768.79, Florida Statutes (1993). We affirm. Bailey

MX Investments, Inc. v. Crawford

683 So. 2d 584, 1996 WL 656410

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 466101

Cited 1 times | Published

Appellant's motion for attorney fees under section 768.79, Florida Statutes. We affirm the lower court's

Mullenmaster v. Newbern

679 So. 2d 1186, 1996 Fla. App. LEXIS 5509, 1996 WL 280040

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 64767542

Cited 1 times | Published

pursuant to an offer of judgment made under section 768.79, Florida Statutes. In denying the demand for

Marcus v. Miller

663 So. 2d 1340, 1995 WL 608507

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 1313851

Cited 1 times | Published

made a written offer of judgment pursuant to section 768.79, Florida Statutes (1990), in the amount of

Tampa Letter Carriers, Inc. v. MacK

649 So. 2d 890, 1995 WL 25336

District Court of Appeal of Florida | Filed: Jan 25, 1995 | Docket: 393605

Cited 1 times | Published

applies to fee requests under section 768.79. Moreover, section 768.79(6) seems to specifically provide

Versprill v. School Bd. of Orange County

641 So. 2d 883, 1994 WL 321690

District Court of Appeal of Florida | Filed: Jul 8, 1994 | Docket: 1152427

Cited 1 times | Published

determination of attorney's fees and costs pursuant to section 768.79, Florida Statutes must be determined based

STATE FARM MUT. AUTO. INS. v. Malmberg

639 So. 2d 615, 19 Fla. L. Weekly Supp. 359, 1994 Fla. LEXIS 1001, 1994 WL 318468

Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 1310551

Cited 1 times | Published

least 25 percent less than the offer rejected. Section 768.79, Florida Statutes (1991), allows attorney's

Scope v. Fannelli

639 So. 2d 141, 1994 Fla. App. LEXIS 6505, 1994 WL 287929

District Court of Appeal of Florida | Filed: Jul 1, 1994 | Docket: 64749538

Cited 1 times | Published

She contends that the offer, made pursuant to section 768.79, Florida Statutes (1993), was withdrawn prior

Stunkel v. Hanley Landscape, Inc.

633 So. 2d 117, 1994 WL 81802

District Court of Appeal of Florida | Filed: Mar 16, 1994 | Docket: 2585867

Cited 1 times | Published

rejected defendant's offer of judgment under section 768.79, Florida Statutes (Supp. 1992), and following

O'NEIL v. Wal-Mart Stores, Inc.

602 So. 2d 1342, 1992 Fla. App. LEXIS 7957, 1992 WL 171335

District Court of Appeal of Florida | Filed: Jul 24, 1992 | Docket: 2236674

Cited 1 times | Published

plethora of offer of judgment statutes and rules, section 768.79, Florida Statutes was amended in 1990 to incorporate

Hughes v. Goolsby

578 So. 2d 348, 1991 WL 46853

District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 2569262

Cited 1 times | Published

judgment awarding attorneys' fees pursuant to section 768.79, Florida Statutes (1989), we agree with appellant

Florida Bar Re: Amendment to Rules of Civil Procedure, Rule 1.442

550 So. 2d 442, 14 Fla. L. Weekly 397, 1989 Fla. LEXIS 1114, 1989 WL 85162

Supreme Court of Florida | Filed: Jul 27, 1989 | Docket: 64645544

Cited 1 times | Published

offer in the two statutes are inconsistent; section 768.79 allows only thirty days while section 45.061

Stevens, Stevens v. Florida Peninsula Insurance Company

District Court of Appeal of Florida | Filed: Aug 29, 2025 | Docket: 71227608

Published

prompt notice. On August 7, 2020, under section 768.79, Florida Statutes (2020) and the version of

Mayer Gregg Diamond v. U.S. Bank National Association

District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038939

Published

and costs. The Estate sought fees pursuant to section 768.79, Florida Statutes (2021), and Florida Rule

Leavitt Recreation & Hospitality Insurance, Inc. v. Florida Caverns R v. Resort, LLC, Florida Caverns R v. Resort at Merritt's Mill Pond

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962106

Published

Caverns did not accept it within 30 days. See § 768.79, Fla. Stat. (2020); Fla. R. Civ. P. 1.442. After

Florida Caverns R v. Resort, LLC, D/B/A Etc. v. Leavitt Recreation & Hospitality Insurance, Inc.

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962120

Published

Caverns did not accept it within 30 days. See § 768.79, Fla. Stat. (2020); Fla. R. Civ. P. 1.442. After

Rachel Stevick Quires v. Copperstone Equestrian Center, LLC and Donna M. Dubois

District Court of Appeal of Florida | Filed: Jul 18, 2025 | Docket: 70834648

Published

Florida’s offer-of-judgment statute. See generally § 768.79, Fla. Stat. (2020). In turn, Quires timely filed

Gregg Isbell and Suggs Lawn Equipment, LLC v. Lonnie Bohrer

District Court of Appeal of Florida | Filed: Jun 11, 2025 | Docket: 70513229

Published

Florida Rule of Civil Procedure 1.380(c), and (4) section 768.79, Florida Statutes (2022). Bohrer sought attorney’s

Infinity Auto Insurance Company v. Miami Open MRI, LLC, A/A/O Rolando Amador

District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70454063

Published

for settlement comports with rule 1.442 and section 768.79, we employ a de novo standard of review.” Peltz

Sfr Services, LLC, A/A/O John & Rose Zapisek v. Florida Department of Financial Services, O/B/O Avatar Property and Casualty

District Court of Appeal of Florida | Filed: May 16, 2025 | Docket: 70281990

Published

to this Court on January 1, 2023. the offer.” § 768.79(7)(a), Fla. Stat. (2024).2 This appeal concerns

Hector Gutierrez and Maria Rodriguez v. Security First Insurance Company

District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69808613

Published

to Fees and Costs Pursuant to Florida Statutes § 768.79.” In the motion, Security First argued that it

Geico General Insurance Company v. Brooke Tsao and BenjaminTsao

District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69807156

Published

fees and costs to Brooke Tsao, pursuant to section 768.79, Florida Statutes (2023). The award of attorney’s

Liberty Surplus Insurance Corporation v. Kaufman Lynn Construction, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Mar 5, 2025 | Docket: 69708071

Published

2002). Pursuant to Fla. Stat. § 768.79 and Fla. R. Civ. P. 1.442, Lib- erty served

Zackary Neeld v. Thomas Combs

District Court of Appeal of Florida | Filed: Feb 14, 2025 | Docket: 69642238

Published

Settlement on Neeld (the “PFS”) pursuant to section 768.79, Florida Statutes (the “settlement statute”)

Slavica Raffay, F/K/A Slavica Nikolic, and Attila Raffay v. Longwood House Condominium Association, Inc., Etc.

District Court of Appeal of Florida | Filed: Feb 5, 2025 | Docket: 69612894

Published

entitled to recover reasonable attorney fees.”); § 768.79(7)(a), Fla. Stat. (2024) (offer of judgment statute

United Cab of Broward, LLC and Ernsault Maurice v. Nathalia Muller

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369929

Published

proposal for settlement (“PFS”) pursuant to section 768.79, Florida Statutes (2022), and Florida Rule

Creative Hardscapes, LLC v. Robert Prawdzik

District Court of Appeal of Florida | Filed: Nov 8, 2024 | Docket: 69355332

Published

an award of attorney’s fees and costs under section 768.79, Florida Statutes (2019). Generally

Melissa Beth Epps, and B.M., by and Through Melissa Beth Epps, as Parent and Natural Guardian v. Tricia Marie Maro Robin John Maro

District Court of Appeal of Florida | Filed: Nov 1, 2024 | Docket: 69335644

Published

service of a proposal for settlement pursuant to section 768.79, Florida Statutes (2023), and Florida Rule

CITY OF SARASOTA, OFFICER JUAN JAIMES v. ESTATE OF JOHN KAAFI, SOUCY

District Court of Appeal of Florida | Filed: Aug 14, 2024 | Docket: 68249803

Published

Death Act interacts with the requirements under section 768.79, Florida Statutes (2022), providing for an

BERKLEY INSURANCE COMPANY v. BANC OF AMERICA COMMUNITY DEVELOPMENT COMPANY, LLC, TAMPA HOUSING AUTHORITY

District Court of Appeal of Florida | Filed: May 17, 2024 | Docket: 68538883

Published

reversal of the fee award"). See generally § 768.79(7), Fla. Stat. (2022) (stating that it is only

BANC OF AMERICA COMMUNITY DEVELOPMENT COMPANY, LLC, BANK OF AMERICA, N. A. v. BERKLEY INSURANCE COMPANY, THE TEMPO AT ENCORE, LP

District Court of Appeal of Florida | Filed: May 17, 2024 | Docket: 68538884

Published

reversal of the fee award"). See generally § 768.79(7), Fla. Stat. (2022) (stating that it is only

Lemartec Corporation v. East Coast Metal Structures Corp.

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68530221

Published

5 fees under section 768.79, Florida Statutes (2021), pursuant to a rejected

Nadja Mackensen and Wolfgang Mackensen v. Trace Elements Inc.

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68530220

Published

because their PFS satisfied the requirements of section 768.79, Florida Statutes (2022), and Florida Rule

USAA Casualty Insurance Company v. Health Diagnostics of Fort Lauderdale, LLC, etc.

District Court of Appeal of Florida | Filed: Apr 17, 2024 | Docket: 68444164

Published

intent behind the penalties imposed by section 768.79, and undermine Florida defendants’ ability

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. FINSON

District Court of Appeal of Florida | Filed: Apr 17, 2024 | Docket: 68443254

Published

policy limits." 254 So. 3d at 979; see also § 768.79(6)(b), Fla. Stat. (2017) (conditioning an award

Webjet Linhas Aereas S.A., etc. v. ZGA Aircraft Leasing, Inc., etc.

District Court of Appeal of Florida | Filed: Mar 20, 2024 | Docket: 68357688

Published

their June 2021 proposal for settlement. See § 768.79, Fla. Stat. (2021). We reverse the challenged

JEFFREY WAYNE MORRIS v. RACHEL BOYER

District Court of Appeal of Florida | Filed: Mar 8, 2024 | Docket: 67769972

Published

350 So. 3d 38, 43 (Fla. 2022) (“Nothing in section 768.79 or rule 1.442 is at odds with the[] basic rules

Angel L. Ortega v. All Dade Fences, Inc.

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313518

Published

the motion. Palacios and All Dade moved for section 768.79 attorney’s fees based on their rejected proposals

ADVANTAGE LIMOUSINE, L L C v. KEITH M. SIMMONS, JR.

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 65588633

Published

entitlement to attorney's fees pursuant to section 768.79[, Florida Statutes (2020),] and [Florida Rule

Progressive Select Insurance Company v. Leslie Bunsee

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313202

Published

plaintiffs’ rejection of its offer of judgment. See § 768.79, Fla. Stat. Progressive submitted a motion asserting

ERIK SATERBO, STEPHEN SATERBO AND BENJAMIN D. MARKUSON v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 66738025

Published

straight-forward proposal for settlement under section 768.79, Florida Statutes (2012), requiring payment

KOVAR LAW GROUP, PLLC v. JENNIFER JORDAN

District Court of Appeal of Florida | Filed: Feb 23, 2024 | Docket: 66863863

Published

enforce the settlement agreement." See § 768.79(4). We therefore conclude that the settlement

SDG Dadeland Associates, Inc. v. Kenny Arias

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68165149

Published

denying their motion for attorney’s fees under section 768.79 of the Florida Statutes. The trial court denied

SEJAL KUTHIALA, M.D. vs DAVID M. GOLDMAN AND BETH MAYERS GOLDMAN

District Court of Appeal of Florida | Filed: Sep 15, 2023 | Docket: 67173924

Published

motion for attorney’s fees filed pursuant to section 768.79, Florida Statutes (2022). We reverse.

ERIK SATERBO, STEPHEN SATERBO AND BENJAMIN D. MARKUSON v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Sep 15, 2023 | Docket: 66738025

Published

straight-forward proposal for settlement under section 768.79, Florida Statutes (2012), requiring payment

TKH COASTAL PROPERTY INVESTMENTS, LLC vs TALCOR GROUP, INC.

District Court of Appeal of Florida | Filed: Aug 25, 2023 | Docket: 68024841

Published

pursuant to the “offer of judgment” statute, section 768.79, Florida Statutes (2020), as well as the court’s

Brinda Coates, etc. v. R.J. Reynolds Tobacco Company

Supreme Court of Florida | Filed: Jun 15, 2023 | Docket: 67503283

Published

to be entitled to fees under the statute. See § 768.79, Fla. Stat. (2022). We hold that the statute does

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA v. LEWIS TEIN, P.L.

District Court of Appeal of Florida | Filed: Jun 7, 2023 | Docket: 63591345

Published

carefully considered each factor contained within section 768.79, Florida Statutes (2017), along with the chronology

MARK SPANAKOS v. HAWK SYSTEMS, INC.

District Court of Appeal of Florida | Filed: Apr 19, 2023 | Docket: 67221676

Published

was made in good faith and in compliance with section 768.79, Florida Statutes (2020), and Florida Rule

VIRGINIA HADAD GONZALEZ v. MILLIN A. NOBREGAS

District Court of Appeal of Florida | Filed: Jan 18, 2023 | Docket: 66738022

Published

under a proposal for settlement pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

VIRGINIA HADAD GONZALEZ v. MILLIN A. NOBREGAS

District Court of Appeal of Florida | Filed: Jan 18, 2023 | Docket: 66738022

Published

under a proposal for settlement pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

PUBLIX SUPER MARKETS, INC. vs SIERRA ALFORD

District Court of Appeal of Florida | Filed: Dec 30, 2022 | Docket: 68034874

Published

award of attorneys’ fees and costs pursuant to section 768.79, Florida Statutes (2017). In response

Suarez Trucking Fl Corp. v. Adam J. Souders

Supreme Court of Florida | Filed: Oct 20, 2022 | Docket: 65592256

Published

agreement was formed pursuant to the provisions of section 768.79, Florida Statutes (2014), Florida’s offer

GRIFFIN WINDOWS AND DOORS, LLC v. JOHN POMEROY

District Court of Appeal of Florida | Filed: Oct 6, 2022 | Docket: 65404744

Published

costs awardable to Griffin Windows pursuant to section 768.79, Florida Statutes (2021), and Florida Rule

JOHN ANNESSER v. INNOVATIVE SERVICE TECHNOLOGY MANAGEMENT SERVICES, INC.

District Court of Appeal of Florida | Filed: Aug 17, 2022 | Docket: 64898825

Published

Annesser served two offers of judgment under section 768.79, Florida Statutes, and Innovative Services

In Re: Amendments to Florida Rule of Civil Procedure 1.442

Supreme Court of Florida | Filed: May 26, 2022 | Docket: 63339597

Published

of Florida’s settlement proposal statutes. Section 768.79, Florida Statutes (2021), does not provide

PHILIP MORRIS USA INC. v. ROBERT A. GORE, SR., Individually and as Personal Representative of the ESTATE OF GLORIA H. GORE

District Court of Appeal of Florida | Filed: Apr 13, 2022 | Docket: 63232488

Published

Procedure 1.442 and Florida’s PFS statute, section 768.79, Florida Statutes (2020). The trial court then

ALBERT GHAZZAWIEH AND INSTALLATION CORP. & CONSTRUCTION, LLC vs JONY IGLESIAS

District Court of Appeal of Florida | Filed: Apr 8, 2022 | Docket: 68035488

Published

strictly conform to the requirements set forth in section 768.79, Florida Statutes (2017), and Florida Rule

Erika L. McNamara v. Government Employees Insurance Company

Court of Appeals for the Eleventh Circuit | Filed: Apr 5, 2022 | Docket: 63233804

Published

pro- posals for settlement pursuant to Fla. Stat. § 768.79, which, as rele- vant here, permits a plaintiff

PHILIP MORRIS USA, INC. v. JAMES NAUGLE, as Personal Representative of the ESTATE OF LUCINDA NAUGLE

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127630

Published

costs based on a proposal for settlement under section 768.79, Florida Statutes (2008). The parties stipulated

TOWER HILL SIGNATURE INSURANCE COMPANY v. ALEX KUSHCH

District Court of Appeal of Florida | Filed: Feb 16, 2022 | Docket: 63008454

Published

precluding an award of attorney’s fees under section 768.79, Florida Statutes (2020). Initially, the

CITY OF MIAMI v. CHARLES J. BENCOMO AND STACY BENCOMO

District Court of Appeal of Florida | Filed: Jan 19, 2022 | Docket: 62607502

Published

City’s attorneys’ fees and costs pursuant to section 768.79, Florida Statutes (2017), and, therefore, reverse

JEANNETTE GUTIERREZ v. OSCAR DE LEON

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689357

Published

costs to Florida Westside Trucking pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

AVRA JAIN v. BUCHANAN INGERSOLL & ROONEY PC, etc.

District Court of Appeal of Florida | Filed: Dec 1, 2021 | Docket: 61585932

Published

served an offer of judgment to Jain pursuant to section 768.79, Florida Statutes (2018). The Firm did not

INSPIRED PRODUCTS GROUP, LLC d/b/a KIDSEMBRACE, LLC v. INSPIRED DEVELOPMENT GROUP, LLC

District Court of Appeal of Florida | Filed: Nov 17, 2021 | Docket: 61493096

Published

pursuant to its proposal for settlement under section 768.79, Florida Statutes (2020), and for costs pursuant

SAFEPOINT INSURANCE COMPANY v. JANNIE WILLIAMS

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858247

Published

recover attorney’s fees and costs pursuant to section 768.79, Florida Statutes (2019). We conclude Safepoint

THE ANDERSEN FIRM, PC v. SCOTT A. BROWN

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858346

Published

Brown with a proposal for settlement under section 768.79, Florida Statutes (2020), and Florida Rule

ANDREA EHLERT v. DORIS CASTRO

District Court of Appeal of Florida | Filed: Nov 3, 2021 | Docket: 60695056

Published

attorney, and pursuant to Florida Statutes § 768.79 and Florida Rules of Civil Procedure 1.442

ANDREA EHLERT v. DORIS CASTRO

District Court of Appeal of Florida | Filed: Nov 3, 2021 | Docket: 60695056

Published

attorney, and pursuant to Florida Statutes § 768.79 and Florida Rules of Civil Procedure 1.442

MARGARET GREGOIRE and LESLY GREGOIRE v. CITIZENS PROPERTY INSURANCE CORP.

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385586

Published

denying appellate attorney’s fees based on section 768.79(1), Florida’s offer of judgment statute).

CCM Condominium Association, Inc., etc. v. Petri Positive Pest Control, Inc., etc.

Supreme Court of Florida | Filed: Sep 9, 2021 | Docket: 60372404

Published

AND THE JUDGMENT ENTERED FOR PURPOSES OF SECTION 768.79, FLORIDA STATUTES, MUST POST- OFFER PREJUDGMENT

THE ESTATE OF ELFRIEDE Z. SWEENEY v. GLORIA R. WASHINGTON

District Court of Appeal of Florida | Filed: Sep 3, 2021 | Docket: 60361362

Published

entitled to recover attorney's fees under section 768.79, Florida Statutes (2018), because the court

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. GLORIA R. WASHINGTON

District Court of Appeal of Florida | Filed: Sep 3, 2021 | Docket: 60361363

Published

entitled to recover attorney's fees under section 768.79, Florida Statutes (2018), because the court

NICOLAOS MALLAS v. GEORGE V. MALLAS

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199085

Published

award fees for fees under section 57.105 and section 768.79); Dep’t of Transp., State of Fla. v. Robbins

FRANK DIGIACOMO and LAW OFFICE OF FRANK DIGIACOMO, ESQUIRE, P.A. v. KOGAN & DISALVO, P.A. and GEICO GENERAL INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Jun 9, 2021 | Docket: 59971149

Published

for: (1) attorney’s fees and costs pursuant to section 768.79, Florida Statutes; (2) attorney’s fees as a

ADVANCED PHYSICAL THERAPY OF KENDALL, LLC, A/A/O SCHILLER LADOUCEUR v. CAMRAC, LLC

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860099

Published

the car accident and governed their dispute. Section 768.79 of the Florida Statutes provides parties,

AMERICAN INTEGRITY INSURANCE CO. OF FLORIDA v. MARJORIE BRANFORD

District Court of Appeal of Florida | Filed: Feb 24, 2021 | Docket: 59678210

Published

denying its motion for attorney’s fees under section 768.79, Florida Statutes (2019), and Florida Rule

ESJ JI OPERATIONS, LLC v. TODD DOMECK

District Court of Appeal of Florida | Filed: Nov 4, 2020 | Docket: 18615751

Published

rejected by the respective appellant entities. See § 768.79, Fla. Stat. On appeal, appellants assign error

LIAN DE LA RIVA, as Curator of the ESTATE OF JAMES P. TODD, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. ALFONSO CHAVEZ

District Court of Appeal of Florida | Filed: Sep 9, 2020 | Docket: 18420369

Published

his personal injury complaint, pursuant to section 768.79, Florida Statutes (2015), and Florida Rule

SUSAN MATRISCIANI v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Jun 10, 2020 | Docket: 17237160

Published

receive attorney’s fees and costs pursuant to section 768.79 and [Florida Rule of Civil Procedure] 1.442

SUSAN MATRISCIANI v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Jun 10, 2020 | Docket: 17240828

Published

receive attorney’s fees and costs pursuant to section 768.79 and [Florida Rule of Civil Procedure] 1.442

PALM BEACH COUNTY SCHOOL BOARD v. MICHAEL R. BAKST, TRUSTEE IN BANKRUPTCY FOR EAGLE ARTS ACADEMY, INC.

District Court of Appeal of Florida | Filed: Apr 15, 2020 | Docket: 17070183

Published

counsel agreed to undertake the representation. § 768.79(6)(a), (b), Fla. Stat.” Sarkis v. Allstate Ins

LAW OFFICES OF FRED C. COHEN, P.A. v. H.E.C. CLEANING, LLC.

District Court of Appeal of Florida | Filed: Feb 5, 2020 | Docket: 16806370

Published

dicta because Wheaton involved the service of a section 768.79 proposal for settlement, and did not involve

SANDRA DAVIS v. JESSICA MURO

District Court of Appeal of Florida | Filed: Nov 13, 2019 | Docket: 16460461

Published

allowing Appellee to pursue attorneys’ fees under section 768.79, Fla. Stat. (2018). When Appellee moved for

Rosella Wilcox v. Michael Neville

District Court of Appeal of Florida | Filed: Oct 30, 2019 | Docket: 16401534

Published

attorney’s fees and costs filed pursuant to section 768.79, Florida Statutes (2015), and Florida Rule

Palmentere Bros. Cartage Service, Inc. v. Heather Copeland and Phillip Copeland, her husband

District Court of Appeal of Florida | Filed: Jul 29, 2019 | Docket: 15979020

Published

except as to the order finding entitlement to section 768.79-based fees and expenses.

R.J. Reynolds Tobacco Co. v. Lewis

275 So. 3d 747

District Court of Appeal of Florida | Filed: Jun 14, 2019 | Docket: 64719850

Published

costs and moved for attorney's fees pursuant to section 768.79(6)(b), Florida Statutes (2014). That section

Suarez v. Citizens Property Ins. Corp.

275 So. 3d 688

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071929

Published

Insurer’s proposal for settlement complied with section 768.79, Florida Statutes (2018), and the Florida

Restal v. Nocera

268 So. 3d 270

District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 64710905

Published

pursuant to the offer-of-judgment statute. See § 768.79, Fla. Stat. (2012) ; see also Fla. R. Civ. P.

MARCO MARINE CONSTRUCTION, INC. v. REBECCA KOPRAS

268 So. 3d 259

District Court of Appeal of Florida | Filed: Apr 17, 2019 | Docket: 14950631

Published

action, she filed a motion for fees pursuant to section 768.79, Florida Statutes (2012),1 because she had

NEIL J. WEINER v. JENNIFER MAULDEN

267 So. 3d 1045

District Court of Appeal of Florida | Filed: Apr 10, 2019 | Docket: 14909111

Published

moved for entitlement to attorneys’ fees under section 768.79, Florida Statutes (2016), which the trial court

Barbeque Integrated, Inc. v. Win-Development, LLC

266 So. 3d 1291

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 64708613

Published

its motion for attorney's fees filed under section 768.79, Florida Statutes (2017). BBI had previously

Barbeque Integrated, Inc. v. Win-Development, LLC

266 So. 3d 1291

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 64708614

Published

its motion for attorney's fees filed under section 768.79, Florida Statutes (2017). BBI had previously

Kempton v. McComb

266 So. 3d 272

District Court of Appeal of Florida | Filed: Mar 15, 2019 | Docket: 64707700

Published

fees and costs to Lawrence McComb, pursuant to section 768.79, Florida Statutes (2015), and Florida Rule

Breger v. Robshaw Custom Homes, Inc.

264 So. 3d 1147

District Court of Appeal of Florida | Filed: Feb 22, 2019 | Docket: 64705125

Published

of Civil Procedure 1.442 and Florida Statutes § 768.79. 2. SCANLAN proposes to settle all of SCANLAN's

Burneo v. United Automobile Ins. Co.

273 So. 3d 154

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560222

Published

(Fla. 2013) (requiring strict compliance with section 768.79 and rule 1.442).1 We therefore deny

Marshall Cassedy, Jr. v. Monique Wood, Nikki Clark and Darcy Cavell

263 So. 3d 300

District Court of Appeal of Florida | Filed: Feb 11, 2019 | Docket: 14545177

Published

agreement, but denying additional fees under section 768.79, Florida Statutes. The trial court held attorney’s

Sandra Kent Wheaton v. Mardella Wheaton

261 So. 3d 1236

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498535

Published

whether proposals for settlement made pursuant to section 768.79, Florida Statutes (2018), and Florida Rule

Ruiz v. Policlinica Metropolitana, C.A.

260 So. 3d 1081

District Court of Appeal of Florida | Filed: Sep 26, 2018 | Docket: 64699926

Published

against the Appellee/plaintiff below pursuant to section 768.79, Florida Statutes (2015), and Florida Rule

Waste Mgmt. Inc. of Fla. v. Pineda

255 So. 3d 846

Florida Third District Court of Appeal | Filed: Sep 13, 2018 | Docket: 66667834

Published

that the respondent is entitled to fees under Section 768.79, Florida Statutes.

ALBERTO VALLE v. SCOTT S. FLORY

253 So. 3d 742

District Court of Appeal of Florida | Filed: Aug 15, 2018 | Docket: 7664415

Published

proposal for settlement that he served under section 768.79, Florida Statutes (2014), and Florida Rule

Fournier v. Calvo

252 So. 3d 269

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 64685933

Published

judgment served pursuant to section 768.79 of the Florida Statutes. Section 768.79 provides the proper mechanisms

PIETER PIERRE VAN DER VLIET v. PAUL CALVO

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511617

Published

judgment served pursuant to section 768.79 of the Florida Statutes. Section 768.79 provides the proper mechanisms

Goersch v. City of Satellite Beach

252 So. 3d 309

District Court of Appeal of Florida | Filed: Jul 16, 2018 | Docket: 7531229

Published

motions for acceptance or enforcement under section 768.79(3), Florida Statutes (2013), or Florida Rule

Travelers Home v. Gallo

246 So. 3d 560

District Court of Appeal of Florida | Filed: May 28, 2018 | Docket: 7094833

Published

judgments awarding Gallo attorney’s fees under section 768.79, Florida Statutes (2014), and Florida Rule

Donna Koppel v. Laura Ochoa

243 So. 3d 886

Supreme Court of Florida | Filed: May 17, 2018 | Docket: 6748452

Published

with a proposal for settlement pursuant to section 768.79 and rule 1.442. The proposal offered to dismiss

BRIGHT HOUSE NETWORKS, L L C v. ALBERT B. CASSIDY

242 So. 3d 456

District Court of Appeal of Florida | Filed: Mar 23, 2018 | Docket: 6343797

Published

plaintiffs, Albert B. Cassidy, pursuant to section 768.79, Florida Statutes (2011),1 and Florida Rule

PAUL WEDMORE v. KEVIN PAUL O' CONNOR AND FRAN O' CONNOR

238 So. 3d 930

District Court of Appeal of Florida | Filed: Mar 2, 2018 | Docket: 6322826

Published

pursuant to an offer of judgment made under section 768.79, Florida Statutes (2013). We affirm the award

Castillo v. Costco Wholesale Corp.

240 So. 3d 88

District Court of Appeal of Florida | Filed: Feb 21, 2018 | Docket: 6311537

Published

carefully examined the relationship between section 768.79, Florida Statutes, “Offers of judgment and

JOHN A. CATALO and CATALO APPRAISAL & REALTY, INC. v. LLANO FINANCING GROUP, LLC

238 So. 3d 885

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304710

Published

[appellants/defendants] are entitled to fees under section 768.79, Florida Statutes, and, if so, to set the amount

Mt. Vernon Fire Ins. Co. v. New Moon Management, Inc.

239 So. 3d 183

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304695

Published

motion for entitlement”) filed pursuant to section 768.79, Florida Statutes (2015), and Florida Rule

Dianya Markovits v. State Farm Mutual Automobile Insurance Company

235 So. 3d 1018

District Court of Appeal of Florida | Filed: Jan 3, 2018 | Docket: 6261363

Published

based on the rejected proposal. 2 See § 768.79(1), Fla. Stat. (2014). State Farm disputed .her

Oldcastle Southern Group, Inc. v. Railworks Track System Inc.

235 So. 3d 993

District Court of Appeal of Florida | Filed: Dec 21, 2017 | Docket: 60287252

Published

than the amount demanded in the proposal. See § 768.79(1), Fla. Stat. (2014). Old-castle contends the

Tower Hill Signature Ins. Co. v. Javellana

238 So. 3d 372

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240832

Published

attorney’s fees under the offer of judgment statute, section 768.79, Florida Statutes (2016).1 We affirm

United Automobile Ins. Co. v. Partners in Health Chiropractic Center

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236486

Published

entitlement to attorney’s fees filed pursuant to section 768.79, Florida Statutes (2013), and Florida Rule

PHILIP MORRIS USA INC. and R.J. REYNOLDS TOBACCO COMPANY v. GERTRUDE MARCHESE

District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229169

Published

appellee’s entitlement to attorneys’ fees under section 768.79, Florida Statutes (2015). See Kuhajda v. Borden

Obregon v. Rosana Corp., Etc.

District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183865

Published

motion for attorney’s fees was filed pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

JOHN MCCOY v. R.J. REYNOLDS TOBACCO COMPANY

229 So. 3d 827

District Court of Appeal of Florida | Filed: Oct 25, 2017 | Docket: 6179307

Published

based upon a'2014 proposal for settlement under section 768.79, Florida Statutes (2015). 1 On

GOLISTING.COM, INC., etc. v. JOHN PAPERA and CHRISTINE PAPERA

229 So. 3d 862

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6167442

Published

Florida’s offer of judgment statute, section 768.79, Florida Statutes (2013), and the rule implementing

The Zodiac Group, Inc. v. Grayrobinson, P.A.

224 So. 3d 333, 2017 WL 3400834, 2017 Fla. App. LEXIS 11440

District Court of Appeal of Florida | Filed: Aug 9, 2017 | Docket: 6135183

Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (2012), were enforceable

Government Employees Insurance Company v. Arreola

District Court of Appeal of Florida | Filed: Jun 2, 2017 | Docket: 6068635

Published

pursuant to the proposal for settlement statute. See § 768.79, Fla. Stat. (2014). The Arreolas

Polk County v. Highlands-In-The-Woods, L.L.C.

227 So. 3d 161, 2017 WL 2199067, 2017 Fla. App. LEXIS 7236

District Court of Appeal of Florida | Filed: May 19, 2017 | Docket: 6063853

Published

denying its motion for attorney fees pursuant to section 768.79, Florida Statutes (2016), following the entry

Michael Aguado v. Allen Miller

219 So. 3d 216, 2017 WL 2126625, 2017 Fla. App. LEXIS 6943

District Court of Appeal of Florida | Filed: May 16, 2017 | Docket: 6067422

Published

invalid because' it did not strictly, comply with section 768.79, Florida Statutes, and Florida Rule of Civil

Boatright v. Philip Morris USA, Inc.

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 4820256

Published

Boatrights' proposals for settlement.2 See § 768.79(6)(b), Fla. Stat. (2013); Fla. R. Civ. P. 1.442(h)

Boatright v. Philip Morris USA, Inc.

218 So. 3d 962, 2017 WL 1363915, 2017 Fla. App. LEXIS 5018

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 4684136

Published

Boat-rights’ proposals for settlement. 2 See § 768.79(6)0»), Fla. Stat. (2013); Fla. R. Civ. P. 1.442(h)

Carriere v. Chunick Holdings, LLC

212 So. 3d 543, 2017 Fla. App. LEXIS 3578

District Court of Appeal of Florida | Filed: Mar 17, 2017 | Docket: 60263383

Published

motion for appellate attorney’s fees pursuant to section 768.79, Florida Statutes (2014), Florida Rule of Civil

Carriere v. Chunick Holding

District Court of Appeal of Florida | Filed: Mar 13, 2017 | Docket: 4621386

Published

for appellate attorney’s fees pursuant to section 768.79, Florida Statutes (2014), Florida Rule of Civil

Haney v. Sloan

211 So. 3d 372, 2017 WL 836930, 2017 Fla. App. LEXIS 2896

District Court of Appeal of Florida | Filed: Mar 3, 2017 | Docket: 60262597

Published

, 136 So.3d 788 (Fla. 1st DCA 2014); see also § 768.79(1), Fla. Stat. (an attorneys’ fees award under

Brittany Haney v. Leslie Sloan

District Court of Appeal of Florida | Filed: Mar 2, 2017 | Docket: 4613131

Published

136 So. 3d 788 (Fla. 1st DCA 2014); see also § 768.79(1), Fla. Stat. (an attorneys’ fees award under

Atlantic Civil, Inc. v. Swift III

District Court of Appeal of Florida | Filed: Mar 1, 2017 | Docket: 4611983

Published

Motion for Attorney’s Fees filed pursuant to section 768.79 of the Florida Statutes, after the trial court

Wheaton v. Wheaton

217 So. 3d 125, 2017 WL 608523, 2017 Fla. App. LEXIS 2031

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 4585352

Published

that both the proposal for settlement statute (section 768.79, Florida Statutes) and the proposal for settlement

Baldwin v. Idoni

208 So. 3d 842, 2017 WL 378591, 2017 Fla. App. LEXIS 846

District Court of Appeal of Florida | Filed: Jan 27, 2017 | Docket: 60258795

Published

fees to which Baldwin is entitled pursuant to section 768.79, Florida Statutes (2015). REVERSED and REMANDED

Baldwin v. Idoni

District Court of Appeal of Florida | Filed: Jan 23, 2017 | Docket: 4579972

Published

fees to which Baldwin is entitled pursuant to section 768.79, Florida Statutes (2015). REVERSED

Kiefer v. Sunset Beach Investments, LLC

207 So. 3d 1008, 2017 Fla. App. LEXIS 92

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 63631918

Published

Florida Rule of Civil Procedure 1.442, and section 768,79, Florida Statutes (2014). At the same time

Castiglioni v. Pino

207 So. 3d 337, 2016 Fla. App. LEXIS 17496

District Court of Appeal of Florida | Filed: Nov 23, 2016 | Docket: 63631315

Published

CURIAM. Affirmed. See Fla. R. Civ. P. 1.442(h)(1); § 768.79(7)(a), Fla. Stat. (2011) (providing that “[i]f

South Florida Pool and Spa Corp. v. Sharpe Investment Land Trust Number J, Etc.

207 So. 3d 301, 2016 Fla. App. LEXIS 17089

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 4539038

Published

on Landlord in January of 2012, pursuant to section 768.79 of the Florida Statutes and accompanying rule

Saterbo v. Markuson

210 So. 3d 135, 2016 Fla. App. LEXIS 14107

District Court of Appeal of Florida | Filed: Sep 21, 2016 | Docket: 4423911

Published

to receive an award of attorneys’ fees under section 768.79, Florida Statutes (2011), and rule 1.442.

Faith Freight Forwarding Corp. v. Anias

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 4419704

Published

judgment pursuant to section 768.79, Florida Statutes (2014), was invalid. Section 768.79(1) applies “[i]n

Nancy Palmer, n/k/a Nancy Walgis v. Danny Palmer

206 So. 3d 74, 2016 Fla. App. LEXIS 12056

District Court of Appeal of Florida | Filed: Aug 9, 2016 | Docket: 4117974

Published

statute entitled "Offers of Settlement,” nor section 768.79, Florida Statutes, the statute regarding offers

Nunez v. Allen

194 So. 3d 554, 2016 Fla. App. LEXIS 9670, 2016 WL 3452511

District Court of Appeal of Florida | Filed: Jun 24, 2016 | Docket: 3091554

Published

fees and legal assistant’s fees pursuant to section 768.79, Florida Statutes (2011), and Florida Rule

Ochoa v. Koppel

197 So. 3d 77, 2016 WL 2941099, 2016 Fla. App. LEXIS 7726

District Court of Appeal of Florida | Filed: May 20, 2016 | Docket: 3066079

Published

settlement that Ms. Ochoa served pursuant to section 768.79, Florida Statutes (2013), and Florida Rule

Government Employees Insurance Company v. Alysia M. Macedo and Zackery R. Lombardo

190 So. 3d 1155, 2016 WL 2610605, 2016 Fla. App. LEXIS 7071

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3061488

Published

settlement proposal made by Ms. Macedo pursuant to section 768.79, Florida Statutes.' A jury returned a verdict

Andrew Maines and Kenneth Maines v. Marcia Drasko Fox

190 So. 3d 1135, 2016 WL 1741950, 2016 Fla. App. LEXIS 6645

District Court of Appeal of Florida | Filed: May 3, 2016 | Docket: 3060115

Published

for an award of. attorney’s fees pursuant to section .768.79, Florida Statutes (2013), based on wrongful

Vanguard Car Rental USA, LLC v. Suttles

190 So. 3d 672, 2016 Fla. App. LEXIS 6338, 2016 WL 1658764

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3058472

Published

under section 768.79 of the Florida Statutes and Florida Rule of Civil Procedure 1.442. See § 768.79, Fla

Deer Valley Realty, Inc. v. SB Hotel Associates, LLC

190 So. 3d 203, 2016 WL 1660619, 2016 Fla. App. LEXIS 6412

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3062298

Published

moved for attorney’s fees and costs pursuant to section 768.79, Florida Statutes; rule 1.442 of the Florida

Jan Colvin and Wade Colvin v. Clements and Ashmore, P.A d/b/a North Florida etc.

182 So. 3d 924

District Court of Appeal of Florida | Filed: Jan 14, 2016 | Docket: 3028642

Published

ground, to recover her attorney’s fees under section 768.79, Florida Statutes (2011), and Florida Rule

Mootry v. Bethune-Cookman University, Inc.

186 So. 3d 15, 40 I.E.R. Cas. (BNA) 1760, 2016 Fla. App. LEXIS 312, 2016 WL 81680

District Court of Appeal of Florida | Filed: Jan 8, 2016 | Docket: 60253836

Published

motion for attorneys fees filed pursuant to section. 768.79, Florida Statutes (2012) and Florida Rule of

Pratt v. Weiss

178 So. 3d 946, 2015 Fla. App. LEXIS 16979, 2015 WL 7015192

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 60251634

Published

judgment complied with the requirements of section 768.79, Florida Statutes (2004). The supreme court

Ancel Pratt, Jr. v. Michael C. Weiss, D.O., P.A., Louis H. Isaacson, D.O., Louis H. Isaacson, D.O., P.A., Sterling Healthcare Group, Inc., Sterling Miami, Inc., Lauderdale Orthopaedic Surgeons, Michael C. Weiss, D.O., P.A., and FMC Hospital LTD., etc.

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3011964

Published

judgment complied with the requirements of section 768.79, Florida Statutes (2004). The supreme court

Michele K. Feinzig, P.A. v. Deehl & Carlson, P.A.

176 So. 3d 305, 2015 Fla. App. LEXIS 11926, 2015 WL 4747876

District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 2683558

Published

proposal for settlement on Deehl, pursuant to section 768.79 of the Florida Statutes and Rule 1.442 of the

Miley v. Nash

171 So. 3d 145, 2015 Fla. App. LEXIS 10500, 2015 WL 4931416

District Court of Appeal of Florida | Filed: Jul 10, 2015 | Docket: 2679106

Published

court found failed to strictly comply with section 768.79, Florida Statutes (2018), and Florida Rule

Crowley's Concrete, Inc. v. Gathercole

163 So. 3d 1283, 2015 Fla. App. LEXIS 7969, 2015 WL 3397145

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 60247675

Published

defendant complied with the requirements of section 768.79, Florida Statutes, and rule 1.442, Florida

Crowley's Concrete, Inc., and Kelly Malone v. Edward Gathercole

District Court of Appeal of Florida | Filed: May 26, 2015 | Docket: 2659805

Published

defendant complied with the requirements of section 768.79, Florida Statutes, and rule 1.442, Florida

Starbuck v. R.J. Reynolds Tobacco Co.

102 F. Supp. 3d 1281, 91 Fed. R. Serv. 3d 937, 97 Fed. R. Serv. 454, 2015 U.S. Dist. LEXIS 58802, 2015 WL 2084616

District Court, M.D. Florida | Filed: May 4, 2015 | Docket: 64301828

Published

Fees And Costs (docket no. 258) pursuant to section 768.79, Florida Statutes; Rule 54(d)(2) of the Federal

Miley v. Nash

District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 2653254

Published

court found failed to strictly comply with section 768.79, Florida Statutes (2013), and Florida Rule

Miley v. Nash

District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 2653254

Published

court found failed to strictly comply with section 768.79, Florida Statutes (2013), and Florida Rule

Chiquita Kiara Floyd v. Stacy L. Smith, Jason Owen Smith

160 So. 3d 567

District Court of Appeal of Florida | Filed: Apr 16, 2015 | Docket: 2650263

Published

awarding costs and attorney’s fees, pursuant to section 768.79, Florida Statutes, and rule 1.442, Florida

Isaias v. H.T. Hackney Co.

159 So. 3d 1002, 2015 Fla. App. LEXIS 4215, 2015 WL 1312976

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2644397

Published

costs based on the proposals for settlement, section 768.79(1), Florida Statutes (2007), and Florida Rule

Russell Post Properties, Inc. v. Leaders Bank

159 So. 3d 348, 2015 Fla. App. LEXIS 3414, 2015 WL 1044276

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2640556

Published

settle the litigation for $50,000, pursuant to section 768.79(6)(a) of the Florida Statutes. The offer stated

Government Employees Insurance Company v. Bernadette Ryan

165 So. 3d 674, 2015 Fla. App. LEXIS 3472, 2015 WL 1040461

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2640573

Published

Rules [sic] of Civil Procedure 1.442, and Florida Statute 768.79, and in accordance with all provisions

American Home Assurance Co. v. Weaver Aggregate Transport, Inc.

89 F. Supp. 3d 1294, 2015 WL 846650

District Court, M.D. Florida | Filed: Feb 26, 2015 | Docket: 64300726

Published

Florida’s offer of judgment statute, Fla. Stat. § 768.79.2 In response, Weaver argued *1298that the Florida

Geico General Insurance Co. v. Hollingsworth

157 So. 3d 365, 2015 Fla. App. LEXIS 1187, 2015 WL 376406

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 60246061

Published

under Florida Rule of Civil Procedure Í.442 and section 768.79, Florida Statutes (“the Offer of Judgment Statute”)

Hilton Hotels Corp. v. Anderson

153 So. 3d 412, 2014 WL 7191042

District Court of Appeal of Florida | Filed: Dec 19, 2014 | Docket: 60245244

Published

request for an award of attorney’s fees under section 768.79, Florida Statutes (2011). We affirm the final

Hoang Dinh Duong, M.D., Radiology Associates of Hollywood, P.A. and Truck Insurance Exchange v. Olivia Ziadie, as plenary guardian of the person and property of Francis Ziadie, incapacitated, Philip Ziadie and Paul Ziadie

District Court of Appeal of Florida | Filed: Dec 17, 2014 | Docket: 2616023

Published

with Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes, is reviewed de novo. Nationwide

Schmieder v. NCL America, Inc.

151 So. 3d 1280, 2014 Fla. App. LEXIS 20039, 2014 WL 6964581

District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 60244420

Published

of attorney’s fees and costs predicated upon section 768.79, Florida Statutes (2013), which this Court

Schmieder v. Nlc America

District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 2613272

Published

of attorney’s fees and costs predicated upon section 768.79, Florida Statutes (2013), which this Court

Melinda Butler v. Sarah Harter

152 So. 3d 705

District Court of Appeal of Florida | Filed: Dec 1, 2014 | Docket: 2610365

Published

her proposal for settlement as authorized by section 768.79, Florida Statutes. The motion included invoices

DFC Tamarac, Inc. v. Jackson ex rel. Jackson

151 So. 3d 64, 2014 Fla. App. LEXIS 18411, 2014 WL 5834778

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 60244643

Published

section 57.041, Florida Statutes (2012), and section 768.79, Florida Statutes (2012). In the trial court’s

DFC Tamarac, Inc., d/b/a Tamarac Preschool Academy and Joge Investments, Inc. v. Fatou N. Jackson, a minor, by and through her mother and guardian Coumba Jackson, individually

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595485

Published

section 57.041, Florida Statutes (2012), and section 768.79, Florida Statutes (2012). In the trial court’s

Magic Tinting Window & Car Alarm, Inc. v. Scottsdale Insurance Co.

151 So. 3d 495, 2014 Fla. App. LEXIS 15653, 2014 WL 5017998

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 1432529

Published

Scottsdale’s claim for fees is based upon section 768.79, Florida Statutes (2013) (Florida’s “Offer

Design Home Remodeling Corp. v. Santana

146 So. 3d 129, 2014 Fla. App. LEXIS 13680, 2014 WL 4343855

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150536

Published

terms, the proposals were made pursuant to section 768.79, Florida Statutes (2010) and Florida Rule of

Citizens Property Insurance Corp. v. Perez

164 So. 3d 1, 2014 WL 2741467

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60247890

Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (2013).2 The trial court

Atfeh v. Gichimu

136 So. 3d 1274, 2014 WL 1632124, 2014 Fla. App. LEXIS 6060

District Court of Appeal of Florida | Filed: Apr 25, 2014 | Docket: 60239964

Published

Appellee then moved for attorney’s fees under section 768.79, Florida Statutes (2010). Appellants objected

Order

Supreme Court of Florida | Filed: Mar 13, 2014 | Docket: 1369649

Published

conditional award of fees and costs pursuant to section 768.79, Florida Statutes (2011), is hereby denied

Ekonomides v. Sharaka

133 So. 3d 1174, 2014 WL 866149, 2014 Fla. App. LEXIS 3054

District Court of Appeal of Florida | Filed: Mar 5, 2014 | Docket: 60238711

Published

jurisdiction to enforce the settlement agreement.” § 768.79(4), Fla. Stat. (2011); see also Mady v. DaimlerChrysler

Ekonomides v. Sharaka

133 So. 3d 1174, 2014 WL 866149, 2014 Fla. App. LEXIS 3054

District Court of Appeal of Florida | Filed: Mar 5, 2014 | Docket: 60238711

Published

jurisdiction to enforce the settlement agreement.” § 768.79(4), Fla. Stat. (2011); see also Mady v. DaimlerChrysler

Bull Motors, LLC v. Borders

132 So. 3d 1158, 2013 WL 6818377, 2013 Fla. App. LEXIS 20336

District Court of Appeal of Florida | Filed: Dec 26, 2013 | Docket: 60238325

Published

for damages. The offer of judgment statute, section 768.79, Florida Statutes (2007), does not apply to

Pickett ex rel. Estate of Pickett v. R.J. Reynolds Tobacco Co.

948 F. Supp. 2d 1314, 2013 WL 2431841, 2013 U.S. Dist. LEXIS 78244

District Court, M.D. Florida | Filed: Jun 4, 2013 | Docket: 65991639

Published

entitled to fees pursuant to Florida Statutes § 768.79. (Doc. 181, p. 1.) Defendant replied that the

Braxton v. Grabowski

125 So. 3d 936, 2013 WL 2278017, 2013 Fla. App. LEXIS 8352

District Court of Appeal of Florida | Filed: May 24, 2013 | Docket: 60236127

Published

claiming that he was entitled to fees under section 768.79, Florida Statutes (2010), in light of a proposal

Bradshaw v. Boynton-JCP Associates, Ltd.

125 So. 3d 289, 2013 WL 1442041, 2013 Fla. App. LEXIS 5705

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60235820

Published

ambiguities in the offer prevent its enforceability. See § 768.79, Fla. Stat. (2007); Fla. R. Civ. P. 1.442. The

De Varona v. Discount Auto Parts, LLC

935 F. Supp. 2d 1335, 85 Fed. R. Serv. 3d 136, 2013 WL 1324921, 2013 U.S. Dist. LEXIS 49156

District Court, S.D. Florida | Filed: Mar 21, 2013 | Docket: 65990078

Published

offer of judgment under Rule 68 and Fla. Stat. § 768.79. Plaintiff considered the offer and accepted it

Anhloan Tran v. Anvil Iron Works, Inc.

110 So. 3d 923, 2013 WL 561458, 2013 Fla. App. LEXIS 2400

District Court of Appeal of Florida | Filed: Feb 15, 2013 | Docket: 60230521

Published

unaccepted proposals for settlement, pursuant to section 768.79, Florida Statutes (2005), and Florida Rule

Hoskins v. Metzger

102 So. 3d 752, 2012 Fla. App. LEXIS 21757, 2012 WL 6601407

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60226782

Published

they rejected a proposal for settlement under section 768.79, Florida Statutes (2010). Krohn & Moss, Ltd

General Mechanical Corp. v. Williams

103 So. 3d 974, 2012 Fla. App. LEXIS 21615, 2012 WL 6554560

District Court of Appeal of Florida | Filed: Dec 17, 2012 | Docket: 60227274

Published

pursuant to section 768.79, Florida Statutes (2009). The trial court denied the motion. Section 768.79 provides

Gabriel v. Disney Cruise Line

101 So. 3d 1289, 2012 Fla. App. LEXIS 21516, 2012 WL 6213131

District Court of Appeal of Florida | Filed: Dec 14, 2012 | Docket: 60226236

Published

following entry of final judgment in favor of DCL. See § 768.79, Fla. Stat. (2011); Fla. R. Civ. P. 1.442. We

Knecht Properties, LLC v. Carreira

98 So. 3d 1222, 2012 WL 4448837, 2012 Fla. App. LEXIS 16042

District Court of Appeal of Florida | Filed: Sep 27, 2012 | Docket: 60312138

Published

motion for attorney’s fees filed pursuant to section 768.79, Florida Statutes (2011), and Florida Rule

Lyons v. Chamoun

96 So. 3d 456, 2012 WL 3711415, 2012 Fla. App. LEXIS 14493

District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60311524

Published

non-monetary terms of the PFS in conformity with section 768.79, Florida Statutes and Florida Rule of Civil

Rich v. Wexler

97 So. 3d 912, 2012 WL 3711501, 2012 Fla. App. LEXIS 14504

District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60312002

Published

brother made an offer of judgment, pursuant to section 768.79, Florida Statutes (2010). The offer provided

Graney v. Caduceus Properties, LLC

93 So. 3d 1243, 2012 WL 3239897, 2012 Fla. App. LEXIS 13305

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60310507

Published

awarded attorneys’ fees to Caduceus pursuant to section 768.79, Florida Statutes (2011), based on the final

Wright v. American International Insurance Co.

93 So. 3d 533, 2012 WL 3263743, 2012 Fla. App. LEXIS 12629

District Court of Appeal of Florida | Filed: Aug 3, 2012 | Docket: 60310657

Published

proposal for settlement in the amount of $45,000. See § 768.79, Fla. Stat. (2010); Fla. R. Civ. P. 1.442. Other

Jones v. Publix Super Markets, Inc.

114 So. 3d 998, 2012 WL 3044250, 2012 Fla. App. LEXIS 12217

District Court of Appeal of Florida | Filed: Jul 27, 2012 | Docket: 60232043

Published

of “good faith” and the factors set forth in section 768.79(7), Florida Statutes.

Health First, Inc. v. Cataldo

92 So. 3d 859, 2012 WL 2464680, 2012 Fla. App. LEXIS 10556

District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310360

Published

“ambiguities” preclude a fee award pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

Pratt v. Weiss

92 So. 3d 851, 2012 WL 1520870, 2012 Fla. App. LEXIS 6888

District Court of Appeal of Florida | Filed: May 2, 2012 | Docket: 60310355

Published

proposal complies with the requirements of section 768.79, Florida Statutes (2004), and Florida Rule

Duplantis v. BROCK SPECIALTY SERVICES, LTD.

85 So. 3d 1206, 2012 Fla. App. LEXIS 6597, 2012 WL 1440438

District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 2416152

Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (2009). The relevant provisions

Rodriguez v. Government Employees Insurance

80 So. 3d 1042, 2011 Fla. App. LEXIS 20444, 2011 WL 6373033

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60305624

Published

upon a proposal for settlement pursuant to section 768.79, Florida Statutes (2009). We find no error

Rodriguez v. Government Employees Insurance

80 So. 3d 1042, 2011 Fla. App. LEXIS 20444, 2011 WL 6373033

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60305624

Published

upon a proposal for settlement pursuant to section 768.79, Florida Statutes (2009). We find no error

Boesch v. Bradenton 64, Inc.

75 So. 3d 817, 2011 Fla. App. LEXIS 19536, 2011 WL 6058812

District Court of Appeal of Florida | Filed: Dec 7, 2011 | Docket: 60303941

Published

proposal for settlement in accordance with section 768.79, Florida Statutes (2007), and Florida Rule

Seevers v. Montiel

73 So. 3d 336, 2011 Fla. App. LEXIS 17221, 2011 WL 5120146

District Court of Appeal of Florida | Filed: Oct 31, 2011 | Docket: 60303374

Published

Specially Concurring), the judicial enforcement of section 768.79, Florida Statutes, has been problematic, and

Seevers v. Montiel

73 So. 3d 336, 2011 Fla. App. LEXIS 17221, 2011 WL 5120146

District Court of Appeal of Florida | Filed: Oct 31, 2011 | Docket: 60303374

Published

Specially Concurring), the judicial enforcement of section 768.79, Florida Statutes, has been problematic, and

Portuondo-Tarajano International Corp. v. Farm Stores Grocery, Inc.

88 So. 3d 196, 2011 WL 4577911, 2011 Fla. App. LEXIS 15726

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 60308185

Published

Florida Rule of Civil Procedure 1.442, and section 768.79, Florida Statutes (2008). The offer made to

Alan Horowitch v. Diamond Aircraft Industries, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2011 | Docket: 2906192

Published

Florida’s offer of judgment statute, Fla. Stat. § 768.79, Florida Rule of Civil Procedure 1.442, and the

Putnam County v. Edmunds

91 So. 3d 156, 2012 WL 2465983

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60309814

Published

of the order denying attorney’s fees under section 768.79(1), Florida Statutes (2011), without further

Allstate Insurance Co. v. Staszower

61 So. 3d 1245, 2011 Fla. App. LEXIS 7587, 2011 WL 2031335

District Court of Appeal of Florida | Filed: May 25, 2011 | Docket: 60300420

Published

pursuant to the offer of judgment filed under section 768.79, Florida Statutes (1993).1 The trial court

Government Employees Insurance Co. v. King

68 So. 3d 267, 2011 Fla. App. LEXIS 6452, 2011 WL 1709825

District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 2353781

Published

judgments that permitted awards of fees under section 768.79 or under any other legal basis. See Sutton

Government Employees Insurance Co. v. King

68 So. 3d 267, 2011 Fla. App. LEXIS 6452, 2011 WL 1709825

District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 2353781

Published

judgments that permitted awards of fees under section 768.79 or under any other legal basis. See Sutton

Delmonico v. Crespo

59 So. 3d 337, 2011 Fla. App. LEXIS 5965, 2011 WL 1563657

District Court of Appeal of Florida | Filed: Apr 27, 2011 | Docket: 60299695

Published

to pay attorney’s fees, in accordance with section 768.79, Florida Statutes. However, as a determination

Rossmore v. Smith

55 So. 3d 680, 2011 Fla. App. LEXIS 2297, 2011 WL 665338

District Court of Appeal of Florida | Filed: Feb 25, 2011 | Docket: 60298434

Published

offers of judgment, which they made pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

Greenberg v. Schindler Elevator Corp.

50 So. 3d 794, 2011 Fla. App. LEXIS 6, 2011 WL 13694

District Court of Appeal of Florida | Filed: Jan 5, 2011 | Docket: 60297362

Published

pursuant to a proposal for settlement under section 768.79 of the Florida Statutes. Because this Court

Joseph v. Niosi

50 So. 3d 698, 2010 Fla. App. LEXIS 19012, 2010 WL 5072543

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 60297337

Published

to settle his consortium claim, Count Three. Section 768.79(6)(b), Florida Statutes (2007), states that

Joseph v. Niosi

50 So. 3d 698, 2010 Fla. App. LEXIS 19012, 2010 WL 5072543

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 60297337

Published

to settle his consortium claim, Count Three. Section 768.79(6)(b), Florida Statutes (2007), states that

Darrow v. Heitman

46 So. 3d 184, 2010 Fla. App. LEXIS 16339, 2010 WL 4260949

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 60296309

Published

proposals for settlement pursuant to rule 1.442 and section 768.79, Florida Statutes (2007). Each proposal was

Sharaby v. KLV Gems Co.

45 So. 3d 560, 2010 Fla. App. LEXIS 15809, 2010 WL 4103038

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 60296053

Published

pursuant to his proposal for settlement under section 768.79, Florida Statutes (2005), and under section

Packaging Corp. of America v. DeRycke

49 So. 3d 286, 2010 Fla. App. LEXIS 15601, 2010 WL 4025074

District Court of Appeal of Florida | Filed: Oct 15, 2010 | Docket: 60296714

Published

proposal for settlement and $110,000 in costs. See § 768.79, Fla. Stat. (2009); Fla. R. Civ. P. 1.442. Directed

Andrews v. McPartland

29 So. 3d 342, 2010 Fla. App. LEXIS 419, 2010 WL 198458

District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 1134255

Published

undifferentiated proposal for settlement, pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

Palm Beach Polo Holdings, Inc. v. Equestrian Club Estates Property Owners Ass'n

22 So. 3d 140, 2009 Fla. App. LEXIS 17247, 34 Fla. L. Weekly Fed. D 2394

District Court of Appeal of Florida | Filed: Nov 18, 2009 | Docket: 60267021

Published

1.442, Florida Rules of Civil Procedure and Section 768.79, Florida Statutes (2008), and offered to pay

Cano v. Hyundai Motor America, Inc.

8 So. 3d 408, 2009 Fla. App. LEXIS 2217, 2009 WL 690875

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 60305474

Published

Appellee, Hyundai Motor America, Inc., pursuant to section 768.79, Florida Statutes and Florida Rule of Civil

OLESH v. Greenberg

9 So. 3d 44, 2009 Fla. App. LEXIS 3895, 2009 WL 559921

District Court of Appeal of Florida | Filed: Mar 6, 2009 | Docket: 2540102

Published

proposal for settlement served on him pursuant to section 768.79, Florida Statutes (2007), and Florida Rule

Crouch v. Public Service Commission

993 So. 2d 148, 2008 Fla. App. LEXIS 19284, 2008 WL 4682331

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 64856253

Published

awarded attorney’s fees to the appellee under section 768.79, Florida Statutes, the offer of judgment statute

ANTUNEZ v. Whitfield

980 So. 2d 1175, 2008 WL 1733602

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1417897

Published

White, the court analyzed a similar statute, section 768.79(6), Florida Statutes (1993), which awards attorney's

Mady v. DaimlerChrysler Corp.

976 So. 2d 1212, 2008 Fla. App. LEXIS 4341, 2008 WL 783329

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 64854184

Published

served a proposal for settlement, pursuant to section 768.79, Florida Statutes (2005), and Rule 1.442, Florida

Bright v. Department of Education

969 So. 2d 1169, 2007 Fla. App. LEXIS 18779, 2007 WL 4206688

District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 64853340

Published

attorney’s fees to a defendant pursuant to section 768.79, Florida Statutes (2006), and Florida Rule

European Bank Ltd. v. Online Credit Clearing Corp.

969 So. 2d 450, 2007 Fla. App. LEXIS 18144, 2007 WL 3355490

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 64853141

Published

settlement on February 11, 2002, pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

Ewoldt v. Robinson

243 F. App'x 553

Court of Appeals for the Eleventh Circuit | Filed: Sep 18, 2007 | Docket: 65908938

Published

that, based on our precedent, Florida Statute § 768.79 applies in this case. AFFIRMED.

Florida Department of Environmental Protection v. Green

958 So. 2d 575, 2007 Fla. App. LEXIS 9503, 2007 WL 1756491

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 64851051

Published

judgment for attorney’s fees and costs pursuant to section 768.79, Florida Statutes (2005), and Florida Rule

OCEAN CLUB COMMUNITY ASS'N, INC. v. Curtis

994 So. 2d 1115, 2007 Fla. App. LEXIS 8046, 2007 WL 1484481

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 1219280

Published

necessitated the denial of Ocean Club's motion. See § 768.79(6)(a), (b), Fla. Stat. (2006)(offer of judgment

James v. Wash Depot Holdings, Inc.

489 F. Supp. 2d 1336, 2007 U.S. Dist. LEXIS 61410, 2007 WL 1423759

District Court, S.D. Florida | Filed: May 14, 2007 | Docket: 2287661

Published

Statute § 448,104 and second, under Florida Statute § 768,79 because Plaintiff refused Defendants' good faith

Oasis v. Espinoza

954 So. 2d 632, 2007 Fla. App. LEXIS 2403, 2007 WL 518603

District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 64850272

Published

Espinoza, jointly and severally, pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil

Explorer Insurance Co. v. Bockel

948 So. 2d 845, 2007 Fla. App. LEXIS 1088, 2007 WL 258146

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 64849119

Published

with two proposals for settlement pursuant to section 768.79, Florida Statutes. Explorer did not accept

Joyner v. International Real Estate Group, Inc.

937 So. 2d 259, 2006 Fla. App. LEXIS 14942, 2006 WL 2570583

District Court of Appeal of Florida | Filed: Sep 8, 2006 | Docket: 64846601

Published

to Flori*260da’s offer of judgment statute, section 768.79 of the Florida Statutes (2005). MOTION GRANTED

Nationwide Mutual Fire Insurance Co. v. Robinson

915 So. 2d 262, 2005 Fla. App. LEXIS 19592, 2005 WL 3299351

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 64841029

Published

pursuant to the demand for judgment statute, section 768.79, Florida Statutes (1997). The parties engaged

DiPompeo Construction Corp. v. Kimmel & Associates, Inc.

916 So. 2d 17, 2005 Fla. App. LEXIS 17237, 2005 WL 2861596

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 64841142

Published

“action for damages,” within the meaning of section 768.79(1), Florida Statutes (2004), so that the offer

Rudolf v. Gray, Harris & Robinson, P.A.

901 So. 2d 423, 2005 Fla. App. LEXIS 7542, 2005 WL 1186312

District Court of Appeal of Florida | Filed: May 20, 2005 | Docket: 64838054

Published

entitled to appellate attorney’s fees pursuant to section 768.79, Florida Statutes and Florida Rule of Civil

Dollar Rent A Car, Inc. v. Chang

902 So. 2d 869, 2005 Fla. App. LEXIS 7267, 2005 WL 1163011

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64838478

Published

appellant Dollar Rent a Car, Inc., pursuant to section 768.79, Florida Statutes (2002). The proposal indicated

State Farm Mutual Automobile Insurance v. Horkheimer

901 So. 2d 329, 2005 Fla. App. LEXIS 6497, 2005 WL 1026688

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 64838023

Published

costs. The plaintiff claimed fees, pursuant to section 768.79, Florida Statutes (2004), and requested the

Walgreen Co. v. Sklandis

895 So. 2d 1201, 2005 Fla. App. LEXIS 2043, 2005 WL 416173

District Court of Appeal of Florida | Filed: Feb 23, 2005 | Docket: 64836547

Published

costs incurred only after January 8, 2003. See § 768.79(1), Fla. Stat. (2000)(stating that a recovering

Rudy v. Merchants & Southern Bank

890 So. 2d 1152, 2004 Fla. App. LEXIS 19093, 2004 WL 2964720

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 64835382

Published

under Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes, based on the appellant’s

Browning v. Scott

884 So. 2d 298, 2004 Fla. App. LEXIS 12126, 2004 WL 1836259

District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 64833475

Published

discussion, but we reverse the attorney’s fee award. Section 768.79(3), Florida Statutes (2000), and Florida Rule

Allstate Insurance Co. v. Maytin

881 So. 2d 636, 2004 Fla. App. LEXIS 11761

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 64832440

Published

multiplier in awarding attorney’s fees under section 768.79, Florida Statutes or Florida Rule of Civil

Platt v. Russek

921 So. 2d 5, 2004 Fla. App. LEXIS 5011, 2004 WL 784730

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 64842469

Published

a motion to tax fees and costs pursuant to section 768.79, Florida Statutes (2000). The trial court granted

Escambia County v. Stanberry

864 So. 2d 575, 2004 Fla. App. LEXIS 867

District Court of Appeal of Florida | Filed: Feb 2, 2004 | Docket: 64827675

Published

The award of attorney fees and costs based on section 768.79, Florida Statutes, is VACATED and the trial

Kawaguchi v. Bentle

862 So. 2d 942, 2004 Fla. App. LEXIS 168, 2004 WL 57579

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 64827325

Published

pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2002), and Florida Rule

Segui v. Margrill

864 So. 2d 518, 2004 Fla. App. LEXIS 153, 2004 WL 40512

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 64827647

Published

the offer of settlement, as required under section 768.79(1), Florida Statutes. That subsection states

Matalon v. Lee

859 So. 2d 541, 2003 Fla. App. LEXIS 17637, 2003 WL 22715792

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 64826477

Published

granted him his attorney’s fees pursuant to section 768.79, Florida Statutes (2001), but refused to apply

Bennett v. American Learning Systems of Boca Delray, Inc.

857 So. 2d 986, 2003 Fla. App. LEXIS 16192, 2003 WL 22444623

District Court of Appeal of Florida | Filed: Oct 29, 2003 | Docket: 64826146

Published

thus denied the motion for attorney’s fees. Section 768.79(1), Florida Statutes (2002), creates a substantive

Tran v. State Farm Fire & Casualty Co.

860 So. 2d 1000, 2003 Fla. App. LEXIS 16117, 2003 WL 22432656

District Court of Appeal of Florida | Filed: Oct 28, 2003 | Docket: 64826727

Published

PER CURIAM. Section 768.79, Florida Statutes, applies to cases brought pursuant to section 627.736,

Moran v. Florida Security Electronics, Inc.

861 So. 2d 57, 2003 Fla. App. LEXIS 14820, 2003 WL 22239322

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 64826923

Published

a motion to tax attorney’s fees pursuant to section 768.79, Florida Statutes. In view of our reversal

Board of Trustees v. Bowman

853 So. 2d 507, 2003 Fla. App. LEXIS 11771

District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 64824713

Published

court should have enforced its rights under section 768.79, Florida Statutes (1997). We agree. With respect

Board of Trustees v. Bowman

853 So. 2d 507, 2003 Fla. App. LEXIS 11771

District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 64824713

Published

court should have enforced its rights under section 768.79, Florida Statutes (1997). We agree. With respect

Novastar Mortgage, Inc. v. Strassburger

855 So. 2d 130, 2003 Fla. App. LEXIS 11716, 2003 WL 21749617

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 64825237

Published

by the trial court on remand because, under section 768.79, Florida Statutes the Strass-burgers are only

Carey v. State Farm Fire & Casualty Co.

848 So. 2d 1274, 2003 Fla. App. LEXIS 10354, 2003 WL 21554314

District Court of Appeal of Florida | Filed: Jul 11, 2003 | Docket: 64823903

Published

an offer of judgment to Enrich pursuant to section 768.79, Florida Statutes (1999). On June 13, 2002

Kendall Village, Inc. v. U.S. Development, Ltd. ex rel. U.S. Development Corp.

843 So. 2d 365, 2003 Fla. App. LEXIS 6155, 2003 WL 1969104

District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 64822378

Published

judgment made by Jeffrey Berkowitz pursuant to section 768.79, Florida Statutes (2001), was not made in good

Padilla v. Buell

841 So. 2d 609, 2003 Fla. App. LEXIS 4412, 2003 WL 1722243

District Court of Appeal of Florida | Filed: Apr 2, 2003 | Docket: 64821775

Published

against him under the offer of judgment statute. See § 768.79, Fla. Stat. (1997). On the issue of entitlement

Simon Debartolo Group, Inc. v. Bratley

838 So. 2d 1239, 2003 Fla. App. LEXIS 3061, 2003 WL 826011

District Court of Appeal of Florida | Filed: Mar 10, 2003 | Docket: 64821051

Published

772 So.2d 622 (Fla. 4th DCA 2000). Because section 768.79(7)(b), Florida Statutes, directs trial courts

Palm Beach Gardens Police Pension Fund Board of Trustees v. Mitchell J. Beers, P.A.

842 So. 2d 911, 2003 Fla. App. LEXIS 2573

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 64822174

Published

based upon a demand for judgment filed under section 768.79, Florida Statutes (1997). Based upon our decision

Ostrich America Corp. v. Broward Water Consultants, Inc.

829 So. 2d 385, 2002 Fla. App. LEXIS 16106, 2002 WL 31465757

District Court of Appeal of Florida | Filed: Nov 6, 2002 | Docket: 64818626

Published

entitled to an award of attorney’s fees under section 768.79(1), Florida Statutes (1994), unless the court

Arraras v. Johnson

829 So. 2d 339, 2002 Fla. App. LEXIS 15687, 2002 WL 31422888

District Court of Appeal of Florida | Filed: Oct 30, 2002 | Docket: 64818602

Published

proposal of settlement for $3,500, pursuant to section 768.79, Florida Statutes (1996). Arraras served Johnson

Graef v. Hegedus

827 So. 2d 394, 2002 Fla. App. LEXIS 14639, 2002 WL 31268416

District Court of Appeal of Florida | Filed: Oct 11, 2002 | Docket: 64817937

Published

days of the June 9, 1999, summary judgment. See § 768.79(6), Fla. Stat. (1991) (requiring the party seeking

Hastings v. Skipper & Day

832 So. 2d 133, 2002 Fla. App. LEXIS 13484, 2002 WL 31094120

District Court of Appeal of Florida | Filed: Sep 20, 2002 | Docket: 64819429

Published

motion for attorney’s fees sought pursuant to section 768.79, Florida Statutes (2001). We write only to

State Farm Mutual Automobile Insurance v. Motion X-Ray, Inc.

823 So. 2d 312, 2002 Fla. App. LEXIS 11652, 2002 WL 1875755

District Court of Appeal of Florida | Filed: Aug 16, 2002 | Docket: 64816837

Published

entitled to appellate attorney’s fees under section 768.79, Florida Statutes, and if so, to determine

City of Jacksonville v. Brooks

823 So. 2d 184, 2002 Fla. App. LEXIS 9913, 2002 WL 1539575

District Court of Appeal of Florida | Filed: Jul 16, 2002 | Docket: 64816773

Published

granting appellate attorney’s fees pursuant to section 768.79, Florida Statutes (1997), to Verdell L. Brooks

Oglesby-Dorminey v. Lucy Ho's Restaurant

815 So. 2d 749, 2002 Fla. App. LEXIS 6102, 2002 WL 857302

District Court of Appeal of Florida | Filed: May 7, 2002 | Docket: 64814871

Published

Oglesby-Dor-miney a proposal for settlement under section 768.79, Florida Statutes (1999), and Florida Rule

Escambia County v. Stanberry

813 So. 2d 288, 2002 Fla. App. LEXIS 4792, 2002 WL 553425

District Court of Appeal of Florida | Filed: Apr 16, 2002 | Docket: 64814175

Published

Earnest Stanberry, Jr., attorney’s fees under section 768.79, Florida Statutes (2001). Among other things

O'Shields v. United Automobile Insurance

812 So. 2d 448, 2002 Fla. App. LEXIS 1758, 2002 WL 236948

District Court of Appeal of Florida | Filed: Feb 20, 2002 | Docket: 64813860

Published

order of entitlement to attorney’s fees under section 768.79 (1997), and the final judgment on United Automobile

O'Shields v. United Automobile Insurance

812 So. 2d 448, 2002 Fla. App. LEXIS 1758, 2002 WL 236948

District Court of Appeal of Florida | Filed: Feb 20, 2002 | Docket: 64813860

Published

order of entitlement to attorney’s fees under section 768.79 (1997), and the final judgment on United Automobile

Javier v. Home Depot, U.S.A., Inc.

813 So. 2d 110, 2002 Fla. App. LEXIS 1155, 2002 WL 181160

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 64814106

Published

aware of the change in her circumstances. See section 768.79(5), Fla. Stat. (2000); Fla. R. Civ. P. 1.442(e)

Mesa v. Ocean Enterprises, Inc.

803 So. 2d 908, 2002 Fla. App. LEXIS 117, 2002 WL 21965

District Court of Appeal of Florida | Filed: Jan 9, 2002 | Docket: 64811423

Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes (1993). The matter proceeded

Largen v. Gonzalez

797 So. 2d 635, 2001 Fla. App. LEXIS 14877, 2001 WL 1245079

District Court of Appeal of Florida | Filed: Oct 19, 2001 | Docket: 64809559

Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, *636Florida Statutes. Julio Gonzalez, et al

D. Bruce McMahan v. William A. Toto

256 F.3d 1120

Court of Appeals for the Eleventh Circuit | Filed: Jul 10, 2001 | Docket: 2038497

Published

§ 45.061 and, in the alternative, Fla. Stat. § 768.79, Toto made an offer to settle for $100 the litigation

D. Bruce McMahan v. William A. Toto

256 F.3d 1120

Court of Appeals for the Eleventh Circuit | Filed: Jul 10, 2001 | Docket: 396952

Published

apply its offer of judgment statute, Fla. Stat. § 768.79, in a case tried in Florida but for which the

State Farm Mutual Automobile Insurance v. Kujawa

782 So. 2d 1003, 2001 Fla. App. LEXIS 5545, 2001 WL 417666

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 64804894

Published

pursuant to the demand for judgment provisions of section 768.79, Florida Statutes, the trial court erroneously

E.T. Plastering, Inc. v. Pacheco

782 So. 2d 909, 2001 Fla. App. LEXIS 3255, 2001 WL 246033

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 64804841

Published

its claim for attorney’s fees and costs under section 768.79, Florida Statutes (1999) based upon the plaintiffs

Kendall Country Estate, Inc. v. Pierson

826 So. 2d 1002, 2001 Fla. App. LEXIS 105, 2001 WL 20802

District Court of Appeal of Florida | Filed: Jan 10, 2001 | Docket: 64817701

Published

offer of judgment on the plaintiffs pursuant to section 768.79, Florida Statutes (1997). On November 5, 1999

Greene v. Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. (In re Alvarez)

261 B.R. 742, 2000 Bankr. LEXIS 1745

United States Bankruptcy Court, M.D. Florida | Filed: Dec 14, 2000 | Docket: 65782165

Published

The Offer of Settlement was made pursuant to Fla.Stat. 768.79 and Rule 1.442 of the Florida Rules of Civil

Labaton v. Mellert

772 So. 2d 622, 2000 WL 1816936

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 1435183

Published

June 11, 1996, Plaintiffs offered, pursuant to F.S. 768.79, to settle the entire case for a total sum of

Meyer v. Alexandre

772 So. 2d 627, 2000 Fla. App. LEXIS 16230, 2000 WL 1816627

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 64802102

Published

attorney’s fees under the offer of judgment statute, section 768.79, Florida Statutes (1995), as a result of a

State, Department of Corrections v. C & W Food Service, Inc.

767 So. 2d 1262, 2000 Fla. App. LEXIS 12268, 2000 WL 1369885

District Court of Appeal of Florida | Filed: Sep 25, 2000 | Docket: 64800640

Published

fees pursuant to Fla. R. Civ. P. 1.442 and section 768.79, Florida Statutes. Finding that the damage

University Creek Associates II, Ltd. v. Boston American Financial Group, Inc.

101 F. Supp. 2d 1370, 2000 U.S. Dist. LEXIS 9461, 2000 WL 875245

District Court, S.D. Florida | Filed: May 31, 2000 | Docket: 65610

Published

recover attorneys' fees pursuant to Fla. Stat. § 768.79 and costs pursuant to 28 U.S.C. § 1920, as prevailing

Lenfestey v. Held

755 So. 2d 182, 2000 Fla. App. LEXIS 4282, 2000 WL 368918

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64796606

Published

defendants’ timely-made good faith offer under section 768.79 Florida Statutes (1997). After a jury verdict

Carmona v. Carrion

750 So. 2d 151, 2000 Fla. App. LEXIS 818, 2000 WL 121874

District Court of Appeal of Florida | Filed: Feb 2, 2000 | Docket: 64794524

Published

attorney’s fees and costs to Aida Carrion. See § 768.79, Fla. Stat. (1997); TGI Friday’s, Inc. v. Dvorak

Jacobsen v. Trussell

750 So. 2d 669, 1999 Fla. App. LEXIS 16939, 1999 WL 1204826

District Court of Appeal of Florida | Filed: Dec 17, 1999 | Docket: 64794719

Published

entitled to attorney’s fees and costs pursuant to section 768.79, Florida Statutes (1995), the offer of judgment

Reid v. Medical & Professional Management Consultants, Inc.

744 So. 2d 1116, 1999 Fla. App. LEXIS 13397, 1999 WL 821080

District Court of Appeal of Florida | Filed: Oct 12, 1999 | Docket: 64792191

Published

awarding attorney’s fees to appellees pursuant to section 768.79, Florida Statutes (1995). AFFIRMED. BOOTH and

Jaffrey v. Baggy Bunny, Inc.

733 So. 2d 1140, 1999 Fla. App. LEXIS 7556, 1999 WL 371334

District Court of Appeal of Florida | Filed: Jun 9, 1999 | Docket: 64788487

Published

pursuant to its offer of settlement for $501 under section 768.79, Florida Statutes (1997). The trial court found

Korth v. United States Fidelity & Guaranty Co.

733 So. 2d 580, 1999 Fla. App. LEXIS 6420, 1999 WL 312235

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 64788403

Published

PER CURIAM. Affirmed. See § 768.79(2)(d), Fla. Stat. (1995); Bankers Ins. Co. v. Macias, 475 So.2d 1216

Subramanian v. Health Foundation Support Services of South Florida, Inc.

732 So. 2d 442, 1999 Fla. App. LEXIS 5653, 1999 WL 270468

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 64788188

Published

Motion for Attorney’s Fees and Cost pursuant to section 768.79, Florida Statutes. We reverse. The instant

American Airlines, Inc. v. American Home Assurance Co.

731 So. 2d 810, 1999 Fla. App. LEXIS 5404

District Court of Appeal of Florida | Filed: Apr 28, 1999 | Docket: 64788009

Published

of judgment of $77,900.00 made pursuant to section 768.79, Florida Statutes. The trial court granted

Godbold v. Rosoff

730 So. 2d 423, 1999 Fla. App. LEXIS 5289, 1999 WL 235642

District Court of Appeal of Florida | Filed: Apr 23, 1999 | Docket: 64787542

Published

denying appellants’ motion for attorney’s fees. See § 768.79, Fla. Stat. (1987); see also Timmons v. Combs

Medical Billing Solutions, Inc. v. Diabetic Medserv, Inc.

727 So. 2d 1066, 1999 Fla. App. LEXIS 1769, 1999 WL 89384

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 64786639

Published

entitled to an award of attorney’s fees under section 768.79, Florida Statutes (1995). Medical argued that

Quest Air South, Inc. v. Weisman

724 So. 2d 677, 1999 Fla. App. LEXIS 332, 1999 WL 17829

District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 64785588

Published

defendant is entitled to attorney’s fees under section 768.79 Fla. Stat. (1997). Defendant was the prevailing

Daigle v. Booth

724 So. 2d 605, 1998 Fla. App. LEXIS 15642, 1998 WL 852957

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 64785555

Published

balance, resulted in a net judgement of $297.70. Section 768.79(6)(a), Florida Statutes (1997), requires the

Worobec v. Morse

722 So. 2d 227, 1998 Fla. App. LEXIS 14068, 23 Fla. L. Weekly Fed. D 2468

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 64784897

Published

Morse attorney’s fees and costs pursuant to section 768.79(1), Florida Statutes (1991), the offer of judgment

Mateo v. Rubiales

717 So. 2d 133, 1998 Fla. App. LEXIS 11448, 1998 WL 568272

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 64782645

Published

served three demands for judgment, pursuant to section 768.79, Florida Statutes (1995), upon the Rubialeses

Bayley Products, Inc. v. Cole

720 So. 2d 550, 1998 Fla. App. LEXIS 10293, 1998 WL 466685

District Court of Appeal of Florida | Filed: Aug 12, 1998 | Docket: 64784215

Published

court registry. Our offer of judgment statute, section 768.79, Florida Statutes (1995), provides in subsection

Feltzin v. Bernard

719 So. 2d 315, 1998 Fla. App. LEXIS 9851, 1998 WL 438668

District Court of Appeal of Florida | Filed: Aug 5, 1998 | Docket: 64783568

Published

Feltzin for the sum of $10,000, pursuant to section 768.79, Florida Statutes (1995). No demand for judgment

Crocco v. Fares

712 So. 2d 1256, 1998 Fla. App. LEXIS 8183, 1998 WL 380482

District Court of Appeal of Florida | Filed: Jul 10, 1998 | Docket: 64781613

Published

Eagleman, 673 So.2d 946 (Fla. 4th DCA 1996); § 768.79(7)(a), Fla. Stat. (1995). W. SHARP, PETERSON and

Mazzouccolo v. Gardner, McLain & Perlman

714 So. 2d 534, 1998 Fla. App. LEXIS 7177, 1998 WL 314640

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 64781850

Published

appellees satisfied the “good faith” requirement of section 768.79(7)(a), Florida Statutes (1995). See TGI Friday’s

Brooks v. South Seminole Community Hospital

710 So. 2d 1048, 1998 Fla. App. LEXIS 6519, 1998 WL 288223

District Court of Appeal of Florida | Filed: Jun 5, 1998 | Docket: 64780977

Published

Seminole Community Hospital (hospital) pursuant to section 768.79, Florida Statutes (1997), Florida’s offer of

Morejon v. Metropolitan Dade County

710 So. 2d 233, 1998 Fla. App. LEXIS 5605

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 64780792

Published

motion for attorney’s fees and costs under section 768.79, Florida Statutes (1997). See Pennsylvania

Tramel v. Bass

707 So. 2d 847, 1998 Fla. App. LEXIS 2239, 1998 WL 85409

District Court of Appeal of Florida | Filed: Mar 3, 1998 | Docket: 64779699

Published

Tramel with a demand for judgment pursuant to section 768.79, Florida Statutes, in the amount of $2.1 million

Lageman v. Frank H. Furman, Inc.

703 So. 2d 520, 1997 Fla. App. LEXIS 14358, 1998 WL 25601

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 64777626

Published

fees in favor of Fur-man, pursuant to either section 768.79 or section 45.061, Florida Statutes (1995)

Matheos v. Friar

701 So. 2d 1248, 1997 Fla. App. LEXIS 13625, 22 Fla. L. Weekly Fed. D 2717

District Court of Appeal of Florida | Filed: Dec 5, 1997 | Docket: 64777022

Published

was not provided all the time permitted by section 768.79 as supplemented by Rule 1.090(e) to respond

Dozier v. City of St. Petersburg

702 So. 2d 593, 1997 Fla. App. LEXIS 13542, 22 Fla. L. Weekly Fed. D 2726

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 64777286

Published

concluded that the offer of judgment statute, section 768.79(6), Florida Statutes (1995), precluded the

Belcher Partnership, Inc. v. Ferguson

704 So. 2d 653, 1997 Fla. App. LEXIS 12932

District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 64778354

Published

. Ferguson owned the adjoining properly. . § 768.79(1), Fla. Slat. (1995). .It is undisputed that

Association Employers Insurance Co. v. American Excavating & PSI, Inc.

701 So. 2d 110, 1997 Fla. App. LEXIS 11140, 1997 WL 609141

District Court of Appeal of Florida | Filed: Oct 3, 1997 | Docket: 64776431

Published

appel-lees American Excavating and PSI, Inc. under section 768.79, Florida Statutes, which provides for attorney’s

O'Brien v. Russell

698 So. 2d 642, 1997 Fla. App. LEXIS 10221, 1997 WL 538792

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64775524

Published

twelve days before trial. O’Brien contends that section 768.79, Florida Statutes (1993), allows him a full

Perkins v. Wilson

697 So. 2d 1276, 1997 Fla. App. LEXIS 9196, 1997 WL 471863

District Court of Appeal of Florida | Filed: Aug 13, 1997 | Docket: 64775377

Published

judgment on the Plaintiffs below, pursuant to section 768.79 of the Florida Statutes. The Plaintiffs below

American Sign Co. v. Falconer

696 So. 2d 473, 1997 Fla. App. LEXIS 7559, 1997 WL 361845

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 64774732

Published

of fees unless the offer is within rule 1.442. § 768.79, Fla. Stat. (1991). This view is not inconsistent

Tampa Port Authority v. M/V DUCHESS

65 F. Supp. 2d 1279, 2000 A.M.C. 114, 1997 U.S. Dist. LEXIS 23355, 1997 WL 1137971

District Court, M.D. Florida | Filed: Jun 6, 1997 | Docket: 2297783

Published

that the offer of judgment statute (Fla.Stat. § 768.79) conflicts with the American Rule whereby the

Mendez v. Bankers Insurance

696 So. 2d 1210, 1997 Fla. App. LEXIS 5647, 1997 WL 269076

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 64775022

Published

judgment “state the total amount of the offer.” Section 768.79(2)(d) has that same requirement. Although the

Hilb, Rogal & Hamilton Co. v. TB & Associates, Inc.

742 So. 2d 256, 1997 Fla. App. LEXIS 5390, 1997 WL 253040

District Court of Appeal of Florida | Filed: May 16, 1997 | Docket: 64791328

Published

fees based on an offer of judgment pursuant to section 768.79, Florida Statutes (1995) is not determined

Cravens v. Kulubis

694 So. 2d 781, 1997 Fla. App. LEXIS 4852, 1997 WL 218622

District Court of Appeal of Florida | Filed: May 2, 1997 | Docket: 64774071

Published

under an offer of judgment made pursuant to section 768.79, Florida Statutes (1993), and on other grounds

McInnis v. Ramasami

692 So. 2d 300, 1997 Fla. App. LEXIS 4832

District Court of Appeal of Florida | Filed: Apr 30, 1997 | Docket: 64772642

Published

offer of judgment was not timely filed under section 768.79, Florida Statutes (1995). Knealing v. Puleo

Smith v. Vaughn

171 F.R.D. 323, 1997 U.S. Dist. LEXIS 5443, 1997 WL 200044

District Court, M.D. Florida | Filed: Apr 14, 1997 | Docket: 66315366

Published

Defendants rely on Rule 68, Fed.R.Civ.P., and Section 768.79, Florida Statutes, in their request for an

Ball v. Arends

697 So. 2d 523, 1997 Fla. App. LEXIS 1364, 1997 WL 72839

District Court of Appeal of Florida | Filed: Feb 20, 1997 | Docket: 64775172

Published

to an award of an attorney’s fee pursuant to section 768.79, Florida Statutes, after the plaintiff voluntarily

Teague v. Estate of Hoskins

684 So. 2d 293, 1996 Fla. App. LEXIS 12882, 1996 WL 713996

District Court of Appeal of Florida | Filed: Dec 13, 1996 | Docket: 64769561

Published

awarded to Sally Smedley Teague pursuant to section 768.79, Florida Statutes (1995) were entitled to a

Burtman v. Porchester Holdings, Inc.

680 So. 2d 631, 1996 Fla. App. LEXIS 10792, 1996 WL 590777

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64767932

Published

an offer of judgment. It is undisputed that section 768.79, Florida Statutes, applies only to actions

Nichols v. Brown

681 So. 2d 835, 1996 Fla. App. LEXIS 10772, 1996 WL 590535

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64768447

Published

Following an offer of settlement pursuant to section 768.79, Florida Statutes, which was accepted by Brown

Hedergott v. Moon

678 So. 2d 445, 1996 Fla. App. LEXIS 8271, 1996 WL 446738

District Court of Appeal of Florida | Filed: Aug 9, 1996 | Docket: 64766718

Published

offer of judgment “pursuant to § 44.102 and/or § 768.79, Fla. Stat .offering to pay Hedergott the total

Bradley Construction Co. v. Westburne Supply, Inc.

685 So. 2d 1353, 1996 Fla. App. LEXIS 6677, 1996 WL 346995

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 64770270

Published

Inc., made an offer of judgment pursuant to section 768.79, Florida Statutes (1993), but the plaintiff/appellant

Metropolitan Dade County v. Cerezo

774 So. 2d 1, 1996 Fla. App. LEXIS 4297, 1996 WL 195022

District Court of Appeal of Florida | Filed: Apr 24, 1996 | Docket: 64802626

Published

appellee’s motion to tax attorney’s fees pursuant to section 768.79, Florida Statutes (1989), and to note that

State, Department of Transportation v. Daystar, Inc.

674 So. 2d 754, 1996 Fla. App. LEXIS 2621, 1996 WL 123158

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 64765031

Published

adopted the procedural rules already in place in section 768.79, Florida Statutes. Subsequently, the supreme

Luciano v. City of Naples

670 So. 2d 1065, 1996 Fla. App. LEXIS 2461, 1996 WL 112983

District Court of Appeal of Florida | Filed: Mar 15, 1996 | Docket: 64763474

Published

their attorney’s fees and costs pursuant to section 768.79, Florida Statutes (1993), and pursuant to the

Luciano v. City of Naples

670 So. 2d 1065, 1996 Fla. App. LEXIS 2461, 1996 WL 112983

District Court of Appeal of Florida | Filed: Mar 15, 1996 | Docket: 64763474

Published

their attorney’s fees and costs pursuant to section 768.79, Florida Statutes (1993), and pursuant to the

Yacht & Country Club, Inc. v. Craig

664 So. 2d 1177, 1995 Fla. App. LEXIS 13498, 1995 WL 759142

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 64760986

Published

attorney’s fees and remand for an award pursuant to section 768.79, Florida Statutes (1991). See TGI Friday’s

Tangerine Bay Co. v. Derby Road Invsestments

664 So. 2d 1045, 1995 Fla. App. LEXIS 12612, 1995 WL 698900

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 64760942

Published

Bay served an offer of judgment pursuant to section 768.79, Florida Statutes (1993). After approximately

Pinellas County ex rel. Board of County Commissioners

659 So. 2d 1365, 1995 Fla. App. LEXIS 9423

District Court of Appeal of Florida | Filed: Sep 8, 1995 | Docket: 64758591

Published

the County a demand for judgment pursuant to section 768.79, Florida Statutes (1989), in the amount of

Hamilton v. Royal Caribbean Cruises, Ltd.

660 So. 2d 729, 1995 Fla. App. LEXIS 7751, 1995 WL 421910

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 64758874

Published

enforcement of a “settlement agreement” under section 768.79, Florida Statutes (1993) even though the a

Bodek v. Gulliver Academy, Inc.

659 So. 2d 354, 1995 Fla. App. LEXIS 6382, 20 Fla. L. Weekly Fed. D 1399

District Court of Appeal of Florida | Filed: Jun 14, 1995 | Docket: 64758326

Published

granting attorney’s fees and costs, pursuant to Section 768.79, Florida Statutes, to the defendant, Gulliver

McCoy v. Stein Mart, Inc.

654 So. 2d 1205, 1995 Fla. App. LEXIS 4408, 1995 WL 238768

District Court of Appeal of Florida | Filed: Apr 26, 1995 | Docket: 64756345

Published

order granting attorney fees and costs based on section 768.79, Florida Statutes, as to these defendants.

Douglas v. Ganatra

652 So. 2d 504, 1995 Fla. App. LEXIS 3207, 1995 WL 132162

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 64755157

Published

mail, which was expressly made pursuant to section 768.79, Florida Statutes. The offer stated that appellee

Carlow v. Blenman

652 So. 2d 479, 1995 Fla. App. LEXIS 3063, 1995 WL 123626

District Court of Appeal of Florida | Filed: Mar 24, 1995 | Docket: 64755152

Published

to Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes,1 based on the appellant’s

Vota v. Lotspeich Co.

648 So. 2d 861, 1995 Fla. App. LEXIS 632, 1995 WL 36167

District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 64753473

Published

attorney’s fees awarded to appellees pursuant to section 768.79, Florida Statutes (1989), on the authority

Cushman & Wakefíeld of Florida, Inc. v. Hughes

645 So. 2d 1091, 1994 Fla. App. LEXIS 11467, 1994 WL 665709

District Court of Appeal of Florida | Filed: Nov 30, 1994 | Docket: 64752363

Published

and costs pursuant to section 768.79, Florida Statutes (1991). Section 768.79 provides that attorney’s

Valdes v. Perez

645 So. 2d 590, 1994 Fla. App. LEXIS 11341, 1994 WL 656706

District Court of Appeal of Florida | Filed: Nov 23, 1994 | Docket: 64752261

Published

defendant-appellee Lina Perez a demand for judgment under section 768.79, Florida Statutes (1993). The demand did not

Pickett v. Tequesta Development Co.

639 So. 2d 1133, 1994 Fla. App. LEXIS 7512, 1994 WL 391026

District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 64749741

Published

October 1, 1990 effective date of amendment to section 768.79, Florida Statutes. The pre-amendment version

Altilio v. Gemperline

637 So. 2d 299, 1994 Fla. App. LEXIS 4562, 1994 WL 182254

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 64748515

Published

and amended motion for judgment pursuant to section 768.79, Florida Statutes. We reverse the zero award

Florida Drilling & Sawing v. Fohrman

635 So. 2d 1054, 1994 Fla. App. LEXIS 3824, 1994 WL 149720

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 64747920

Published

reasonable attorney’s fees and costs under section 768.79, Florida Statutes (1991). Contrary to counter-plaintiffs’

Hellmann v. City of Orlando

634 So. 2d 245, 1994 Fla. App. LEXIS 2672, 1994 WL 94198

District Court of Appeal of Florida | Filed: Mar 25, 1994 | Docket: 64747136

Published

the statutory attorney’s fees became available. § 768.79, Fla.Stat. When the appellant, plaintiff below

Aitken v. Gajadha

636 So. 2d 766, 1994 Fla. App. LEXIS 2617, 1994 WL 90543

District Court of Appeal of Florida | Filed: Mar 23, 1994 | Docket: 64748290

Published

for reconsideration of attorney’s fees under section 768.79, Florida Statutes (1989), in light of Schmidt

State Farm Mutual Automobile Insurance Co. v. Malmberg

623 So. 2d 755, 1993 Fla. App. LEXIS 7928, 1993 WL 284653

District Court of Appeal of Florida | Filed: Jul 30, 1993 | Docket: 64698518

Published

agree with the Malmbergs that rule 1.442 and section 768.79 afford no basis for an award of attorney’s

State Farm Mutual Automobile Insurance Co. v. Malmberg

623 So. 2d 755, 1993 Fla. App. LEXIS 7928, 1993 WL 284653

District Court of Appeal of Florida | Filed: Jul 30, 1993 | Docket: 64698518

Published

agree with the Malmbergs that rule 1.442 and section 768.79 afford no basis for an award of attorney’s

Persons v. Pelaez

613 So. 2d 509, 1993 Fla. App. LEXIS 95, 1993 WL 5307

District Court of Appeal of Florida | Filed: Jan 15, 1993 | Docket: 64693965

Published

deficient as to activate the provisions of section 768.79, Florida Statutes.” See also Lee County v.

Bicknell v. Strickland

604 So. 2d 4, 1992 WL 218392

District Court of Appeal of Florida | Filed: Jul 24, 1992 | Docket: 64669414

Published

PER CURIAM. Affirmed. See § 768.79(l)(a), Fla.Stat. (1991); Timmons v. Combs, 17 F.L.W. S443, 1992 WL

Hostetter-Jones v. Morris Newspaper Corp.

590 So. 2d 533, 1991 Fla. App. LEXIS 12320, 1991 WL 259972

District Court of Appeal of Florida | Filed: Dec 12, 1991 | Docket: 64663750

Published

that attorney’s fees are not recoverable under section 768.79(l)(a) of the Florida Statutes (1979) when the

E & A Restaurants of the Keys, Inc. v. Bernreuter

589 So. 2d 436, 1991 Fla. App. LEXIS 11455, 1991 WL 240072

District Court of Appeal of Florida | Filed: Nov 19, 1991 | Docket: 64663125

Published

plaintiffs attorney’s fees purportedly pursuant to section 768.79, Florida Statutes (1989), is reversed. It is

Jones Boatyard, Inc. v. Metropolitan Dade County

588 So. 2d 1033, 1991 Fla. App. LEXIS 11033, 1991 WL 225534

District Court of Appeal of Florida | Filed: Nov 5, 1991 | Docket: 64662898

Published

(6) awarding attorneys’s fees pursuant to Florida Statute 768.79 involving a case of action arising before

Nolan v. D & K Financial Corp.

574 So. 2d 291, 1991 Fla. App. LEXIS 1045, 1991 WL 16302

District Court of Appeal of Florida | Filed: Feb 14, 1991 | Docket: 64656337

Published

verdict, attorney’s fees awarded pursuant to section 768.79, Florida Statutes (1987) was improper. We agree

Tanker Management Inc. v. Brunson

918 F.2d 1524, 1990 WL 183541

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 1990 | Docket: 66259569

Published

45.061, an offer of judgment pursuant to F.S.A. § 768.79 and an offer of judgment pursuant to Fed.R.Civ

Goodpaster v. Evans

570 So. 2d 354, 1990 Fla. App. LEXIS 8046, 1990 WL 156865

District Court of Appeal of Florida | Filed: Oct 17, 1990 | Docket: 64654656

Published

concerns attorney’s fees awarded pursuant to section 768.79(l)(a), Florida Statutes (1987). That statute

Cleary v. Hough

567 So. 2d 1039, 1990 Fla. App. LEXIS 7846, 1990 WL 152192

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 64653586

Published

Parker, 110 So.2d 498 (Fla. 1st DCA 1959). Since section 768.79, Florida Statutes (1987), is not a proper basis

Ferman Motor Car Co. v. Lamb

567 So. 2d 547, 1990 Fla. App. LEXIS 7533, 1990 WL 145605

District Court of Appeal of Florida | Filed: Oct 3, 1990 | Docket: 64653399

Published

Florida Rule of Civil Procedure 1.442, and section 768.79, Florida Statutes (1989). See Aspen v. Bayless

Bonfiglio v. Financial Security Savings & Loan Ass'n

552 So. 2d 941, 14 Fla. L. Weekly 2505, 1989 Fla. App. LEXIS 5952, 1989 WL 125688

District Court of Appeal of Florida | Filed: Oct 25, 1989 | Docket: 64646559

Published

appellants’ claim for fees and costs pursuant to section 768.79, Florida Statutes (1987). See Rabatie v. U