A Review of Recent Appellate Opinions
Starboard Cruise Services v. DePrince
43 Fla. L Weekly D2581a
Third DCA; November 21, 2018
The plaintiff sued the defendant for specific performance, breach of contract and conversion. The defendant served the plaintiff with a proposal for settlement pursuant to Florida Statutes, §768.79. The proposal offered to settle the breach of contract and conversion claims for $75,000, in exchange for a release and dismissal with prejudice of all claims. The proposal was rejected, but the defendant prevailed. The defendant then moved for attorney’s fees. Was the defendant entitled to attorney’s fees under §768.79?
The answer is :
No. The proposal for settlement was invalid because it was a proposal to settle both monetary and non-monetary claims. Section 768.79 only applies to civil actions “for damages”. If you have an appeal involving an attorney’s fees issue, contact Samuel Walker right away, as there are deadlines that must be met.
Attorney Samuel A. Walker is a partner at CPLS, P.A., and focuses his practice on civil and criminal appeals. If you are unhappy with the judge’s decision in your case, contact Attorney Walker today at swalker@cplspa.com to discuss an appeal.
