42
Fla. L. Weekly D2572aTop of Form

Attorney’s
fees — No error in denying motion for attorney’s fees based on proposals for
settlement after finding proposals to be unacceptably ambiguous — Costs —
Error to fail to address motion for costs pursuant to section 57.041(1)

NATALIE FERNANDES, as Wife, and
Personal Representative for the Estate of JOSEPH FERNANDES, Appellant, v.
SOVEREIGN HEALTHCARE OF PORT ST. LUCIE, LLC, Owner, Current Licensee and a
Delaware Corporation d/b/a TIFFANY HALL NURSING AND REHAB CENTER, and SOUTHERN
HEALTHCARE MANAGEMENT, LLC, a Delaware Corporation, Appellees. 4th District.
Case No. 4D17-136. December 6, 2017. Appeal from the Circuit Court for the
Nineteenth Judicial Circuit, St. Lucie County; Janet C. Croom, Judge; L.T. Case
No. 56-2011-CA-001820. Counsel: Marc D. Johnson of Larson Johnson, P.L., Tampa,
and Stanford R. Solomon of The Solomon Law Group, P.A., Tampa, for appellant.
Thomas A. Valdez of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, and
Robin N. Knanal of Quintairos, Prieto, Wood & Boyer, P.A., Orlando, for
appellees.

(PER CURIAM.) Appellant Natalie
Fernandes offered each of the Appellees a proposal to settle her wrongful death
action. The settlement proposals were rejected by Appellees. At trial,
Fernandes was the prevailing party. Her subsequent motion for attorney’s fees
and costs was denied as a result of the trial court finding the settlement
proposals to be unacceptably ambiguous.

We affirm all aspects of the final
judgment as it relates to Fernandes’ motion for attorney’s fees. However, as
recognized by both parties, we must remand this case to the trial court with
instructions that it address Fernandes’ motion for costs pursuant to section
57.041(1), Florida Statutes (2014) (“The party recovering judgment shall
recover all his or her legal costs and charges which shall be included in the
judgment . . . .”).

Affirmed in part, Reversed and
Remanded in part. (LEVINE, FORST and KUNTZ, JJ.,
concur.)

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