47 Fla. L. Weekly D2024a EUGENIA BURNS, Appellant, v. NOLAN TURNAGE, Appellee. 1st District. Case No. 1D21-1246. October 6, 2022. On appeal from the Circuit Court for Leon County. John C. Cooper, Judge. Counsel: Brian J. Lee of Morgan & Morgan, Jacksonville, for Appellant. Angela C. Flowers of Kubicki Draper, Ocala, for Appellee. (JAY, J.) […]
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Civil procedure — Dismissal — Jurisdiction — Appeals — Certiorari — Petition for writ of certiorari seeking review of order denying motion to dismiss complaint asserting that litigation privilege protected petitioner from state court liability, and that trial court lacked subject matter jurisdiction — Petition dismissed where petitioner failed to establish that challenged order resulted in irreparable harm that cannot be remedied on appeal
47 Fla. L. Weekly D2014a COZEN O’CONNOR, PLC and JOHN DAVID DICKENSON, et al., Petitioners, v. MINTZ TRUPPMAN, P.A., etc., Respondent. 3rd District. Case Nos. 3D18-1976 & 3D18-1975. L.T. Case No. 16-28473. October 6, 2022. On Petition for Writ of Certiorari from the Circuit Court of Miami-Dade County, David C. Miller, Judge. Counsel: Cozen O’Connor, […]
Torts — Automobile accident — Attorney’s fees — Proposal for settlement — Validity — Ambiguous proposal — No error in awarding attorney’s fees and costs pursuant to section 768.79 — Language of proposal was sufficiently clear and definite to allow plaintiff to evaluate the settlement offer without needing clarification from defendant, and there were no ambiguities within the offer that could have reasonably affected plaintiff’s decision of whether to accept it — Plaintiff could not have reasonably believed that settlement offer was intended to resolve only some of plaintiff’s potential claims, or resolve any claims that were factually unrelated to the car accident — Even though plaintiff’s complaint did not seek punitive damages, the language in the offer about punitive damages should not have been confusing because it emanates from rule 1.442(c)(2)(E), which requires an offer to state with particularity the amount proposed to settle a claim for punitive damages, if any — When read together with the rest of the proposal and the attached release, plaintiff could not have reasonably thought that the settlement would resolve all claims except one for punitive damages
47 Fla. L. Weekly D2024a EUGENIA BURNS, Appellant, v. NOLAN TURNAGE, Appellee. 1st District. Case No. 1D21-1246. October 6, 2022. On appeal from the Circuit Court for Leon County. John C. Cooper, Judge. Counsel: Brian J. Lee of Morgan & Morgan, Jacksonville, for Appellant. Angela C. Flowers of Kubicki Draper, Ocala, for Appellee. (JAY, J.) […]
Attorney’s fees — Offer of judgment — Hearing — Mandamus — Petition for writ of mandamus seeking to compel trial court to conduct an evidentiary hearing to determine the amount of attorney’s fees and costs awardable to defendant pursuant to section 768.79 and rule 1.442 is granted — Defendant was entitled to an award of fees and costs, and plaintiff’s appeal of the final judgment did not divest the trial court of jurisdiction to enter an order determining the amount of attorney’s fees and costs to award to defendant pursuant to the statute — Although an attorney’s fees and cost judgment may be become moot if the final judgment is reversed on appeal, the trial court nonetheless has a ministerial statutory duty to act
47 Fla. L. Weekly D2013b GRIFFIN WINDOWS AND DOORS, LLC, Petitioner, v. JOHN POMEROY, Respondent. 3rd District. Case No. 3D22-1069. L.T. Case No. 18-8374. October 6, 2022. A Case of Original Jurisdiction — Mandamus. Counsel: Taylor Espino Vega, PLLC, and Daniel R. Vega and Vanessa A. Van Cleaf, for petitioner. Montalto Legal, LLC, and Stephen […]
Attorney’s fees — Evidence — Written order — No abuse of discretion in awarding attorney’s fees without making specific findings regarding the reasonable amount of hours worked — Trial court was not required to reduce its considerations into written findings — Although appellees’ counsel did not keep accurate and current records of time spent on legal work for appellees, counsel did present competent substantial, evidence to support fee award
47 Fla. L. Weekly D1977a TONY LAVON WAITES, Appellant, v. FRANK MIDDLETON, SR., and ROSA M. MIDDLETON, Appellees. 1st District. Case No. 1D21-3476. September 28, 2022. On appeal from the Circuit Court for Escambia County. Thomas V. Dannheisser, Judge. Counsel: Michael R. Rollo of Michael R. Rollo, P.A., Pensacola, for Appellant. Artice L. McGraw of […]