Florida Estate Lawsuit & Punitive Damages: Florida Proposal for Settlement Statute 768.79

A Florida personal represenative of an estate sued tobacco companies for,  among other things, punitive damages.   A recent, June 24, 2014 ruling from a Florida Appeals Court explains Florida’s “offer of judgment” statute 768.79 regarding punitive damages and attorneys fees.

Punitive Damages in Florida

• This Florida estate litigation case deals with the estate trying to get its attorneys fees paid for from the other side
• The personal representative of the Florida estate used Florida’s “offer of judgment statute” also known as the Proposal for Settlement Statute under Fla. Statute 768.79.
• There is a related Florida Rule of Civil Procedure when trying to get Florida attorneys fees under Florida Statute 768.79:  Fla. Rule Civil Proc. 1.442
• Florida law on punitive damages has a very specific procedure to make a cliam for punititve damages
• Florida lawsuits brought for or on behalf of an estate must be brought or filed in the name of the Florida personal representative

Attorneys Fees in this Estate Lawsuit

• Anyone involved in estate lawsuits in Florida who want to seek their attorneys fees should read this case when punitive damages are involved and the fee shifting statute is Fla. Stat. 768.79
• The citation for the case is 39 Florida Law Weekly D 1328.  It is a June 24, 2014 opinion from Florida’s 1st District Court of Appeal.