Abbey Adams Logo

Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

  • Bloglovin
  • Facebook
  • LinkedIn
  • Phone
  • Home
  • Locations
    • Where We Practice in Florida
    • Where We Practice In Illinois
  • Practices
  • Attorneys
    • David J. Abbey
    • Jeffrey M. Adams
    • Bruce D. Burk
    • Robert P. Byelick
    • Jaime Eagan
    • Jennifer J. Kennedy
    • John D. Kiernan (1947-2016)
    • V. Joseph Mueller
    • Steven A. Ochsner
    • Alexis C. Upton
  • Blog
  • Links
  • Contact Us

July 24, 2015 by admin

Attorney’s fees — Proposal for settlement — Motion for extension of time for acceptance of the proposal was ineffective

40 Fla. L. Weekly D1703a

Attorney’s fees — Proposal for settlement — Where, prior to expiration of time within which it could properly accept defendant’s proposal for settlement, plaintiff filed a motion for extension of time to accept the proposal for settlement, but defendant did not agree to the extension and plaintiff took no steps to have motion heard, plaintiff’s motion for extension of time for acceptance of the proposal was ineffective — It was error to deny defendant’s motion for attorney’s fees after plaintiff voluntarily dismissed action when it was notified by defendant that its notice of acceptance of proposal for settlement, filed more than 90 days later, was untimely
 
THREE LIONS CONSTRUCTION, INC., Appellant, vs. THE NAMM GROUP, INC., etc., Appellee. 3rd District. Case No. 3D14-880. L.T. Case No. 12-35583. Opinion filed July 22, 2015. An appeal from the Circuit Court for Miami-Dade County, Rosa I. Rodriguez, Judge. Counsel: Marisa Pia Capua, for appellant. Smith, Currie & Hancock and Brian A. Wolf and Daniel M. Carrico (Ft. Lauderdale), for appellee.

(Before SUAREZ, C.J., and FERNANDEZ and LOGUE, JJ.)

(SUAREZ, C.J.) Appellant Three Lions Construction, Inc. (“Three Lions”) challenges the denial of its motion for attorney’s fees, based on a proposal for settlement, after dismissal of the underlying action by Appellee The Namm Group, Inc. (“Namm”). We reverse.

During the pendency of the underlying litigation, Three Lions served on Namm a Proposal for Settlement pursuant to Section 768.69, Florida Statutes (2012) and Rule 1.442, of the Florida Rules of Civil Procedure on Namm. Prior to the expiration of the time within which it could properly accept the Proposal, Namm filed a Motion for Extension of Time to Accept Settlement Proposal. However, Three Lions did not agree to the extension of time and Namm took no steps to have the motion heard.

More than 90 days later, Namm served a Notice of Acceptance of the Settlement Proposal. After being notified by Three Lions that the purported acceptance was untimely, Namm filed a Notice of Voluntary Dismissal. Within 30 days after the voluntary dismissal, Three Lions filed a Motion for Fees and Costs, pursuant to the Proposal for Settlement. Following other proceedings not relevant here, and a hearing, the trial court denied the motion without explanation.

We reverse because Namm’s Motion for Extension of Time to Accept Settlement Proposal was ineffective to toll the time for acceptance of the proposal, where Three Lions did not agree to the extension and Namm did not obtain a hearing on the motion prior to the expiration of the time for acceptance of the Proposal. Donohoe v. Starmed Staffing, Inc., 743 So. 2d 623 (Fla. 2d DCA 1999); 5 Fla. Prac., Civil Procedure §11:5 n.22. Because Three Lions’ Proposal for Settlement was otherwise proper, it was entitled to attorney’s fees based on that Proposal. We reject Appellee’s claim that the Proposal did not satisfy the requirements of Diamond Aircraft Industries, Inc. v. Horowitch, 107 So. 3d 362, 377 (Fla. 2013).

Reversed and remanded for determination of the amount of Three Lions’ fees by the trial court.

* * *

Filed Under: Articles

Primary Sidebar

Blog Archives

  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013

Footer

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. opens in a new windowAbbey, Adams, Byelick, & Mueller XML Sitemap Index

Copyright © 2021 · Abbey Adams Byelick & Mueller, LLP · All Rights Reserved · Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982