terry's takes
Filtered by category: offer of judgmentJune 15, 2023
supreme court of florida, attorneys fees, offer of judgmentCoates v. R.J. Reynolds Tobacco Company
The Supreme Court of Florida ruled that the offer-of-judgment statute (section 768.79, Fla. Stat.) is not a prevailing-party statute. In Coates' wrongful death suit, she served RJR with two settlement offers that were rejected, and later won substantial compensatory and punitive damages. Although RJR succeeded in reducing the punitive damages on appeal, the Court held that Coates could still recover appellate attorney’s fees if her overall judgment meets statutory requirements. The Court emphasized that while appellate success impacts fee reasonableness, it does not solely determine entitlement to fees.
read moreApril 5, 2023
no court, offer of judgmentCampbell v. Charles
The Third DCA ruled that an Offer of Judgment is not null if made with the intent to apply to an upcoming, unscheduled trial period rather than the current trial period. This decision clarifies that, under such circumstances, an Offer of Judgment can be considered timely, reinforcing the strategic timing considerations for settlement offers in ongoing litigation.
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