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Florida Offer of Judgement Attorneys Fee Statute 768.79 at 4th District Court of Appeal

Uncategorized • Jul 7, 2014
post about Florida Offer of Judgement Attorneys Fee Statute 768.79 at 4th District Court of Appeal

Lawsuits involving fraud, tortuous interference with an inheritance and breach offiduciary duty can be expensive.  A very recent attorneys fee case from the 4th District Court of Appeal in West Palm Beach, Florida sheds light on when an offer of judgment is not made in “good faith” under Florida’s “offer of judgment” statute, 768.79.

Florida Business & Probate Litigation

  • The expense of Florida probate litigation & business litigation (also referred to as commercial litigation) is a factor for people to a Florida lawsuit to consider.
  • After all, what you are fighting over?  It doesn’t make sense to spend $250,000 in Florida attorneys fees to maybe win $100,000, right?
  • Florida attorneyes fees:  That’s why one consideration in your trial strategy may include the recovery of your attorneys fees from the other side….or I should say, an attempt to recover your attorneys fees from the other side.

Florida Statute 768.79 (the “Offer of Judgment Statute”)

  • Florida law provides one particular statute to recover attorneys fees under a very limited scenario which parties to a Florida probate lawsuit or business lawsuit may wish to consider
  • If a certain proposal for settlement is made to the other side but rejected, and you win at trial, you may be able to use that Florida attorneys fees statute to get your attorneys fees paid
  • Can you just offer to settle with the other side for, say, $10 ?  (Not necessarily………..read on).
  • The statute, Fla. Stat. 768.79, is commonly referred to as the “Offer of Judgment” statute but really is a proposal for settlement statute
  • This Florida attorneys fee statute, often referred to as one of Florida’s “fee shifting statutes,” can be used in select Florida probate litigation cases including breach of trust cases, fraud, breach of fiduciary duty and tortuous interference with an inheritance (also referred to as tortuous interference with an expectancy)

Not Making a Proposal for Settlement in Good Faith — requirement of Fla. Stat. 768.79

  • The offer of judgment or proposal for settlement in your Palm Beach lawsuit must be made in good faith
  • This June 18, 2014 opinion from Florida’s 4th District Court of Appeal sheds light on the “good faith” requirement of 768.79 (Florida offer of judgment statute)
  • West Palm Beach’s 4th DCA hears appeals of probate & business litigation cases for Martin County, Palm Beach County and Broward County, Florida

Q:  So, what’s the legal standard for “good faith” in the 4th District of Florida?

A:  the evidence must demonstrate that at the time the proposal for settlement was made, the offeror had a reasonable basis to conclude that its exposure was nominal