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Offer of Judgment Florida Case: August 14, 2015 1st DCA 768.79 Florida proposal for settlement

Uncategorized • Aug 16, 2015
post about Offer of Judgment Florida Case: August 14, 2015 1st DCA 768.79 Florida proposal for settlement

Trying to get attorneys fees in a Florida estate law case?   On August 14, 2015, Florida’s 1st District Court of Appeal issued an opinion on Florida’s “offer of judgment” statute.  Ask any probate lawyer West Palm Beach and they may say that they don’t know much about Florida Statute 768.79. Sometimes called the “offer of judgment” law, this Florida attorneys fee statute is actually referred to as the proposal for settlement law.  But, ask any probate litigation lawyer West Palm Beach, and they will tell you that Florida law 768.79 and Florida Rule of Civil Procedure 1.442 are very important estate lawsuit tactics to attempt, at times, to recover attorneys fees after a successful trial. Of course, or, perhaps alternatively, Florida’s offer of judgment law could also settle your probate lawsuit, such as tortuous interference with an expectancy or a will contest Boca Raton.  So, what can or should heirs at law, beneficiaries of Palm Beach probates and Florida trustees of revocable trusts know about Florida Law 768.79 and offers of judgment?  And…. why is this 1st DCA case in conflict with the Palm Beach Appeals court’s ruling on 768.79?

Florida’s 1st District Court of Appeal Opinion on Proposals for Settlement

  • Consider reading the case of Borden Dairy Co. of Alambama, LLC v. Kuhajda
  • This Florida appeals court case is not a probate case but is instructive for family members who are in the middle of a will challenge Palm Beach
  • Do you understand what is meant when the court says that the offer of judgment law andFla. Rule Civil Procedure 1.442 must be strictly construed?
  • Did you know that the proposal for settlement to a Florida lawsuit must, or should mention whether attorneys fees are paid or not, or resolved or not, with the offer of judgment?  At least in the 1st!
  • This 1st DCA Florida case on 768.79 conflicts with the Palm Beach appeals court: Florida’s 4th DCA
  • Want to read this offer of judgment case from Florida’s 1st DCA which conflicts with the Palm Beach appeals court’s stand on this Florida attorneys fee law? Here is a link: https://edca.1dca.org/DCADocs/2014/4706/144706_DC13_08142015_122747_i.pdf

Why is Florida’s proposal for settlement law, 768.79 & Rule 1.442, important to probate lawsuits?

  • In Florida, attorneys fees are not generally granted or awarded in a trial unless there is acontract or a statute.
  • So, after a probate trial in Delray Beach, such as a will contest or a Palm Beachundue influence case, the winning side, called the prevailing party, typically files a motion for Florida attorneys fees.
  • The winner wants the other side to reimburse the winner for the fees of the Florida probate attorney they used at the inheritance lawsuit trial.
  • Put another way, the prevailing party seeks an order from the Palm Beach GardensProbate Court granting attorneys fees.
  • This is done by filing a Florida motion for attorneys fees.
  • The Florida Probate Code has statutes — Florida Probate Laws —which can give you attorneys fees in the Florida estate, or probate, trust and guardianship settings.
  • OK, but aren’t there other ways to get Florida attorneys fees if you win your Florida estate lawsuit?

How do I get Florida attorneys fees under 768.79 and 1.442, Florida’s offer of judgment law?

  • So, the Florida proposal for settlement law is in our statutes: Florida law 768.79.
  • Want to read the Florida proposal for settlement or offer of judgment law for free?  Here is a link to read this so called Florida offer of judgment statute on attorneys fees, but really named proposal for settlement: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.79.html
  • Now, if you want to read about getting attorneys fees from an offer of judgment in Florida, consider  also reading a case from the Miami Dade County appeals court,Florida’s 3rd District Court of Appeal.
  • This case of Florida lawyers suing Florida lawyers over thousands of dollars in attorneys fees was just issued by the Miami Appeals Court.
  • Here is a link to read this Florida 3rd DCA Opinion:
  • http://www.3dca.flcourts.org/Opinions/3D14-2539.pdf
  • This offer of judgment Florida appeals court case deal with primarily two issues underFlorida Rule of Civil Procedure 1.442 and also Florida Statute 768.79:
  • Was a proposal of settlement or Florida offer of judgment too ambiguous?
  • Was the Florida proposal for settlement under F.S. 768.79 improper because of the names used in the mutual release and in the Florida proposal for settlement or offer of judgment?
  • Here’s a copy of the Florida 1st DCA case of Borden Dairy Co. of Alabama, LLC v. Kuhajda:  http://files.ctctcdn.com/99d573ab001/d5cfbed1-3ca1-4439-afdf-e3682c16843c.pdf