The 2023 Florida Statutes (including Special Session C)
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. . . judgment was entered, Lewis sought his taxable costs and moved for attorney's fees pursuant to section 768.79 . . . White held that "the 'judgment obtained' pursuant to section 768.79 includes the net judgment for damages . . . Section 768.79(6)(b) provides that an award for attorney's fees and costs must be "calculated in accordance . . .
. . . We affirm as to entitlement to fees, as the Insurer's proposal for settlement complied with section 768.79 . . . See § 768.79(1), Fla. Stat. (2018) ; Reliance Mut. Life Ins. Co. of Ill. v. . . .
. . . threshold amount to trigger an award of attorney's fees pursuant to the offer of judgment statute, section 768.79 . . . CCM served an amended offer of judgment in 2014, pursuant to section 768.79, Florida Statutes. . . . CCM moved for attorney's fees pursuant to section 768.79, Florida Statutes, the offer of judgment statute . . . Section 768.79, Florida Statutes (2014), governs offers of judgment and provides: (1) In any civil action . . . The White court then concluded: [T]he "judgment obtained" pursuant to section 768.79 includes the net . . .
. . . See § 768.79, Fla. Stat. (2012) ; see also Fla. R. Civ. P. 1.442. . . .
. . . After Kopras prevailed in her negligence action, she filed a motion for fees pursuant to section 768.79 . . . doctrine of stare decisis required it to apply Juneau Tanker and to award fees pursuant to section 768.79 . . . Stat., § 768.79 and F. R. C. P., Rule 1.442. . . . Fla. 1995) (rejecting Modesto and holding that section 768.79 conflicts with the American Rule and that . . . Fla. 1997) (agreeing with Garan that section 768.79 conflicts with the American Rule). . . .
. . . Appellant then moved for entitlement to attorneys' fees under section 768.79, Florida Statutes (2016) . . . According to section 768.79(1) : In any civil action for damages ... if a defendant files an offer of . . . The mandatory language of section 768.79 reinforces the notion that a proper offer automatically creates . . . "Thus, an offer that complies with section 768.79 and [Florida Rule of Civil Procedure] 1.442 creates . . . to Maulden following trial was sufficient to trigger Appellant's entitlement to fees under section 768.79 . . .
. . . ("BBI"), appeals the trial court's order denying its motion for attorney's fees filed under section 768.79 . . . of Florida Rule of Judicial Administration 2.516 rendered an offer of judgment served under section 768.79 . . . quashed the Third District Court's decision in Wheaton , holding that the plain language of section 768.79 . . .
. . . Doc. 288), in which he recommends that the Court deny Plaintiff's request for attorney's fees under § 768.79 . . . motion because Plaintiff failed to make an offer of judgment within the timeframe required by Section 768.79 . . .
. . . the trial court's order awarding attorney's fees and costs to Lawrence McComb, pursuant to section 768.79 . . . Cichon, 79 So.3d 950 (Fla. 5th DCA 2012) (reversing order granting attorney's fees pursuant to section 768.79 . . .
. . . Davis cross-appeals the court's denial of his motion for attorney's fees under section 768.79, Florida . . . See § 768.79(6)(b), Fla. Stat. . . . Food Lion, Inc. , 670 So.2d 138, 140 (Fla. 1st DCA 1996) ; see also § 768.79(6)(b), Fla. Stat. . . .
. . . offer of judgment to ROBSHAW pursuant to Florida Rules of Civil Procedure 1.442 and Florida Statutes § 768.79 . . .
. . . conditioned upon the trial court's determination that United Auto satisfied the requirements of section 768.79 . . . Horowitch, 107 So.3d 362, 377 (Fla. 2013) (requiring strict compliance with section 768.79 and rule 1.442 . . .
. . . attorney's fees pursuant to the terms of a lease agreement, but denying additional fees under section 768.79 . . . The terms of the proposals for settlement to each Lessee were identical and read: Pursuant to Section 768.79 . . . Analysis A lower court's ruling on a motion for attorney's fees and costs pursuant to section 768.79 . . . Section 768.79 imposes a penalty. Id. ; see also Schussel v. . . . In Tierra Holdings , the trial court awarded attorney's fees to one party pursuant to section 768.79 . . .
. . . (d) State the total amount. § 768.79(2), Fla. Stat. (2018). . . . ." § 768.79(3), Fla. Stat. (2018). . . . Id. at 994 (citing § 768.79(1), Fla. Stat. (2014) ). . . . From the plain language of section 768.79 and rule 1.442, neither require service by email. . . . See § 768.79(2)(a)-(d). . . .
. . . After trial and the defense jury verdict, Hayes Robertson moved for attorney's fees pursuant to section 768.79 . . .
. . . for attorney's fees, which was based on Starboard's proposal for settlement filed pursuant to section 768.79 . . . Section 768.79 and Rule 1.442 Must Be Strictly Construed Section 768.79 creates a substantive right to . . . Rule 1.442 provides the procedural mechanism for application of section 768.79. Saenz v. . . . Section 768.79 provides that offers of judgment apply only to "any civil action for damages." . . . As the prevailing party, Diamond Aircraft moved for attorney's fees under section 768.79. . . .
. . . was a general offer to settle both equitable and damage claims, which is not permitted under section 768.79 . . . With respect to the order granting attorney's fees under section 768.79, Florida Statutes, we reverse . . . Horowitch , 107 So.3d 362, 374 (Fla. 2013), the supreme court held "that section 768.79 does not apply . . . The trial court denied the motion, concluding that section 768.79 did not apply because the plaintiff . . . In answering the certified question, the supreme court noted that section 768.79 and Florida Rule of . . .
. . . As the majority explains, proposals for settlement are governed by section 768.79, Florida Statutes ( . . . Under section 768.79, if a plaintiff serves a proposal for settlement, which the defendant does not accept . . . greater" than the proposal, the plaintiff is entitled to recover reasonable costs and attorney's fees. § 768.79 . . . Likewise, in Campbell , I "reluctantly agree[d]" with the majority's conclusion that section 768.79 and . . . appellate decisions of courts of this State regarding proposals for settlement, pursuant to section 768.79 . . . This Proposal for Settlement is made pursuant to Florida Statute § 768.79, and is extended in accordance . . . ANALYSIS Attorney's fees under offers of judgment are governed by section 768.79, Florida Statutes, and . . . In relevant part, section 768.79 reads: (1) In any civil action for damages filed in the courts of this . . . This Court reviews a party's entitlement to attorney's fees pursuant to section 768.79 and rule 1.442 . . . must meet a requirement stated in Florida Rule of Civil Procedure 1.442 that is not listed in section 768.79 . . .
. . . Proposal for Settlement (the "Proposal") served pursuant to the offer of judgment statute, section 768.79 . . . On February 4, 2010, Atlantic Civil served the Proposal on Swift and Key Haven pursuant to section 768.79 . . . ("ACI"), by and through undersigned counsel and pursuant to Section 768.79, Florida Statutes and Rule . . . STANDARD OF REVIEW "The eligibility to receive attorney's fees and costs pursuant to section 768.79 and . . . , and rule 1.442, which implements section 768.79. . . .
. . . determination of entitlement to attorney's fees against the Appellee/plaintiff below pursuant to section 768.79 . . . Section 768.79 and Rule 1.442 Section 768.79 governs offers of judgment and demands for judgment, and . . . When an offer of judgment is made and the requisites of both section 768.79 and rule 1.442 have been . . . TGI Friday's, Inc., 639 So.2d 58 (Fla. 4th DCA 1994), which held that section 768.79 provides for the . . . term 'judgment obtained' means the amount of the net judgment entered ...." § 768.79(6). . . .
. . . Fee/Cost Entitlement Defendants seek to recover their attorney's fees pursuant to section 768.79 of the . . . Nevertheless, courts have granted motions for reasonable fees under section 768.79 in cases where substantial . . . Ryan , 841 So.2d at 522-23 (reversing trial court's refusal to award attorney's fees under section 768.79 . . . a Florida appellate court reversed the trial court's refusal to award attorney's fees under section 768.79 . . . foundation for their offers of judgment and therefore their Motions for Fee Entitlement under section 768.79 . . .
. . . the judgment in this case far exceeds the proposal for settlement filed by Odom, pursuant to section 768.79 . . . court would normally determine entitlement to fees based on a proposal for settlement on remand, see § 768.79 . . .
. . . remanded to the trial court for a determination that the respondent is entitled to fees under Section 768.79 . . .
. . . Prior to trial, Walker served two separate proposals for settlement on Insurer pursuant to section 768.79 . . . Thereafter, Walker filed an amended motion seeking attorney's fees and costs pursuant to section 768.79 . . . According to section 768.79 : (1) .... . . . Section 768.79(6)(b) defines "judgment obtained" as used under subsection (6)(b) as "the amount of the . . . net judgment entered, plus any postoffer settlement amounts by which the verdict was reduced." § 768.79 . . .
. . . of his motion for attorney's fees pursuant to a proposal for settlement that he served under section 768.79 . . . through discovery, Flory served a proposal for settlement on Valle pursuant to the provisions of section 768.79 . . .
. . . Section 768.79 provides the proper mechanisms for establishing notice of intent to seek attorney's fees . . . in the event an offer of judgment is rejected. § 768.79, Fla. . . . As to the timeliness argument, both section 768.79(6) and Florida Rule of Civil Procedure 1.525 provide . . . fee judgment against Fournier was entered pursuant to Florida's offer of judgment statute, section 768.79 . . . with the guidelines promulgated by the Supreme Court, incurred from the date the offer was served. § 768.79 . . .
. . . standard of review in determining whether an offer of settlement comports with rule 1.442 and section 768.79 . . . preliminary matter, we conclude that Bertoloti's proposal and appellant's acceptance complied with section 768.79 . . . tantamount to a consent judgment that the trial court had continuing jurisdiction to enforce under section 768.79 . . .
. . . settlement unless the proposals are attached to motions for acceptance or enforcement under section 768.79 . . . defense, contention, allegation, or denial is not withdrawn or appropriately corrected" and section 768.79 . . .
. . . First, they sought fees under section 768.79, Florida Statutes (2013), Florida's offer-of-judgment statute . . . Dvorak , 663 So.2d 606, 612 (Fla. 1995) (holding that under section 768.79, a trial court can deny an . . . appeal explained that the children moved for appellate attorney's fees "pursuant to either section 768.79 . . .
. . . Travelers also contests the separate final judgments awarding Gallo attorney's fees under section 768.79 . . .
. . . Koppel with a proposal for settlement pursuant to section 768.79 and rule 1.442. . . . settlement and purported acceptance comport with Florida Rule of Civil Procedure 1.442 and section 768.79 . . . Relevant Provisions Section 768.79, Florida Statutes (2013), governs offers of judgment, and "provides . . . enlarge pursuant to rule 1.090 does not toll the time to accept an offer of settlement made under section 768.79 . . .
. . . Gonzalez ("Gonzalez"), based upon a Proposal for Settlement (the "Proposal") served pursuant to section 768.79 . . . (collectively, 'PACHECO DEFENDANTS')" pursuant to rule 1.442 and section 768.79, Florida Statutes. . . . invalid and unenforceable under rule 1.442 and that Gonzalez was not entitled to fees under section 768.79 . . . ANALYSIS " Section 768.79, Florida Statutes, governs offers of judgment, and rule 1.442 delineates the . . . 973 (Fla. 2d DCA 2002) ), the opposite has occurred, and proposals for settlement made under section 768.79 . . .
. . . Pursuant to rule 1.442 and section 768.79 of the Florida Statutes, appellees served on Peltz a single . . . that all joint proposals state the amount and terms attributable to each offeror-implements section 768.79 . . . Because the fee-shifting provisions of section 768.79 and rule 1.442 are in derogation of the common . . . Hilyer Sod, Inc., 849 So.2d 276, 279 (Fla. 2003) (holding that in order for a section 768.79 settlement . . . In determining whether a proposal for settlement comports with rule 1.442 and section 768.79, we employ . . .
. . . Section 768.79(3) of the Florida Statutes (2016) provides that "[t]he offer shall be served upon the . . . P. 1.442(d) ; § 768.79(3), Fla. Stat. (2016) ; see Frosti v. . . . Section 768.79 of the Florida Statutes provides the substantive basis for attorney fee entitlement, and . . . rule 1.442 provides the procedural framework to implement section 768.79's substantive requirements. . . . ] and the party to whom [the offer] is being made." § 768.79(2)(b), Fla. . . .
. . . Cassidy, pursuant to section 768.79, Florida Statutes (2011), and Florida Rule of Civil Procedure 1.442 . . . Appellate review of a party's entitlement to attorney's fees under section 768.79 and rule 1.442 is de . . . The version of section 768.79 that applies is the one in effect at the time the cause of action accrues . . .
. . . Kevin and Fran O'Connor attorney's fees and costs pursuant to an offer of judgment made under section 768.79 . . .
. . . In that case, the Court carefully examined the relationship between section 768.79, Florida Statutes, . . . No such requirement is found in section 768.79. . . . Castillo's offer were sufficient under section 768.79. . . . ." § 768.79(2), Fla. Stat. (2016). . . . Castillo's motion for attorney's fees pursuant to section 768.79 is reversed and remanded with directions . . .
. . . verdict, the plaintiff moved for fees and costs pursuant to a proposal for settlement under section 768.79 . . .
. . . conditioned on the trial court determining that [appellants/defendants] are entitled to fees under section 768.79 . . . Additionally, section 768.79, Florida Statutes, requires the party seeking fees pursuant to an offer . . . See § 768.79(6), Fla. . . .
. . . entitlement to attorney's fees and costs ("amended motion for entitlement") filed pursuant to section 768.79 . . . Vernon served a nominal proposal for settlement ($1,000) on New Moon pursuant to rule 1.442 and section 768.79 . . . Pursuant to rule 1.442 and section 768.79, Mount Vernon filed its amended motion for entitlement based . . . See § 768.79(7)(a), Fla. . . . 3d DCA 1999) (reversing the trial court's denial of attorney's fees, which were sought under section 768.79 . . .
. . . See § 768.79(1), Fla. Stat. (2014). . . . Rule 1.442, Florida Rules of Civil Procedure, uses the term proposal for settlement while section 768.79 . . . Therefore, although section 768.79 would also provide„for an award of costs, the motion at issue here . . . a strict reading to rule 1.442 and thereby' defeat the substantive right to fees created by section 768.79 . . .
. . . See § 768.79(1), Fla. Stat. (2014). . . . Section 768.79(3), Florida Statutes (2014), requires service of the proposal, without specifying the . . . Although—consistent with section 768.79(3)—rule R442(d), Florida Rules of Civil Procedure, requires “ . . . not “filed in any court proceeding” due to application of general law and rules, specifically section 768.79 . . . Rule 1.442, Florida Rules of Civil Procedure, uses the term proposal for settlement while section 768.79 . . .
. . . , appeals the denial of its motion for attorney's fees under the offer of judgment statute, section 768.79 . . . Tower Hill's motion for attorney's fees, because this was a "civil action for damages" under section 768.79 . . . was pending, Tower Hill served an offer of judgment on each of the plaintiffs, pursuant to section 768.79 . . . We begin with the well-settled proposition that a party is not entitled to fees under section 768.79 . . . Further, the Florida Supreme Court has made it clear that " section 768.79 does not apply to cases that . . .
. . . court’s order denying United Auto’s motion for entitlement to attorney’s fees filed pursuant to section 768.79 . . . a motion seeking an order finding that, it was entitled to its attorney’s fees pursuant to section 768.79 . . .
. . . appellee for $1.5 million and a determination of appellee’s entitlement to attorneys’ fees under section 768.79 . . .
. . . The motion for attorney’s fees was filed pursuant to section 768.79, Florida Statutes, and Florida Rule . . . Section 768.79 provides that a party has the right to recover reasonable attorney’s fees if all dictates . . .
. . . order denying a motion for attorney’s fees based upon a'2014 proposal for settlement under section 768.79 . . . After a trial, the plaintiff obtained a verdict that entitled him to attorney’s fees under section 768.79 . . . notice of an offer of settlement, and the offering party has satisfied the requirements of section 768.79 . . . filed unless it is accepted or unless filing is necessary to enforce the provisions of this section.” § 768.79 . . . initially served, an offer of judgment is not a document “filed in any court proceeding”; both section 768.79 . . .
. . . 2003), that the use of a multiplier is not appropriate in determining attorney’s fees under section 768.79 . . . Sarkis held that the fees authorized by section 768.79 are sanctions that attach to the rejection of . . . Thus, Sarkis clearly distinguished section 768.79, Florida Statutes, while reaffirming the reasons for . . . to be viewed prospectively as a sanction against insurers in the same way that Sarkis viewed section 768.79 . . .
. . . Florida’s offer of judgment statute, section 768.79, Florida Statutes (2013), and the rule implementing . . . Therefore, they are liable for attorney’s fees under section 768.79 and rule 1.442. . . .
. . . denying his motion for attorney’s fees filed pursuant to Florida’s offer of judgment statute, section 768.79 . . . Auto-Owners Insurance Company, 82 So.3d 73 (Fla. 2012), in which the supreme court held that section 768.79 . . . the filing of the demand. ■ In ruling that Cross-Appellant Was not entitled to fee's under section 768.79 . . . case, the Florida Supreme Court answered in the negative the certified question of whether “section 768.79 . . . award of attorney’s fees under Florida’s offer of judgment statute is a substantive right, section 768.79 . . .
. . . Diaz, awarding costs and attorney’s fees pursuant to section 768.79 of the Florida Statutes and rule . . .
. . . served by GrayRobinson on the defendants pursuant to Florida Rule of Civil Procedure 1.442 and section 768.79 . . . The offers are not unclear, each complies with Rule 1.442 and section 768.79, and the appellants made . . .
. . . favor of coverage for the costs and attorneys’ fees awarded against the insured pursuant to section 768.79 . . . Stat., and sought taxable fees and costs pursuant to section 768.79, which the trial court awarded against . . .
. . . Section 768.79 of the Florida Statutes creates a substantive right to attorney’s fees where a plaintiff . . . liability or the judgment obtained by the plaintiff is at least 25 percent less than such offer.” § 768.79 . . . “The purpose of Section 768.79 is to lead litigants to settle by penalizing those who decline offers . . .
. . . . § 768.79 (2006); Fla. R. Civ. P. 1.442. . . . Stat. § 768.79. . . . Stat. § 768.79(1), if that offer complied with Florida Rule of Civil Procedure 1.442. . . .
. . . See § 768.79, Fla. Stat. (2014). The Arreolas filed suit against Geico. . . .
. . . (collectively “Taylor”) filed a post-trial motion for attorneys’ fees and costs pursuant to section 768.79 . . . faith, and for this reason the trial court should disallow an award of costs and attorneys’ fees. § 768.79 . . . In such case, the court may disallow an award of costs and attorney’s fees. § 768.79(1) & (7)(a), Fla . . . remand to determine whether Taylor’s offer of judgment was made in good faith, pursuant to section 768.79 . . .
. . . Polk County appeals the order denying its motion for attorney fees pursuant to section 768.79, Florida . . . section 67,041, Florida Statutes (2016), but denied its motion seeking attorney fees under section 768.79 . . . Horowitch, 107 So.3d 362, 374 (Fla. 2013) (“[Section 768.79 does not apply to an action in which a plaintiff . . . Highlands also argues that because it included a count for declaratory relief, section 768.79 does not . . . See DiPompeo, 916 So.2d at 18 (holding that section 768.79 applied to a declaratory judgment action when . . .
. . . on its determination that the proposal was invalid because' it did not strictly, comply with section 768.79 . . . (emphasis added); see also § 768.79(2)(c), Fla. Stat. (“An offer [of settlement] must ... . . .
. . . Under § 768.79(6)(a), “[i]f a defendant serves an offer which is not accepted by the plaintiff, and if . . . Stat. § 768.79(6)(a). . . . to compel; and (3) for the time period from August 28, 2014 onward, pursuant to Florida Statutes § 768.79 . . . When apportioning the award, the district court properly recognized that if § 768.79 were the sole basis . . . Stat. § 768.79(6)(a) (“When such costs and attorney’s fees total more than the amount of the judgment . . .
. . . See § 768.79(6)0»), Fla. Stat. (2013); Fla. R. Civ. P. 1.442(h). . . . Because section 768.79 and rule 1.442 depart from common law, they demand strict compliance and strict . . . The Text and Interplay of Section 768.79, Rule 1.442, and Rule 1.080 Section 768.79 does not provide . . . Therefore, the Boatrights strictly complied with section 768.79 and rule 1.442. . . . Compare § 57.105(4), with § 768.79(3), mid Fla. R. Civ. P. 1.442(d). . . .
. . . proposal for settlement is the amount of the “judgment obtained,” as this term is defined in Section 768.79 . . . 391, 393-94 (Fla. 2016) (“The eligibility to receive attorney’s fees and costs pursuant to section 768.79 . . .
. . . order, we will provisionally grant Ap-pellees’ motion for appellate attorney’s fees pursuant to section 768.79 . . .
. . . Kellogg Brown & Root Services, Inc., 136 So.3d 788 (Fla. 1st DCA 2014); see also § 768.79(1), Fla. . . .
. . . It is true, of course, that both the proposal for settlement statute (section 768.79, Florida Statutes . . . Section 768.79(3), Fla. . . .
. . . Casualty Insurance Company (Allstate) pursuant to a proposal for settlement (proposal) governed by section 768.79 . . . That said, because section 768.79 and rule 1.442 are in derogation of common law, they demand strict . . . As we have in the past, we again stress that the purpose of section 768.79 and rule 1.442 is to reduce . . . We are mindful that prevailing parties seeking recovery under section 768.79 have expressed concerns . . . Because a valid proposal for settlement must comply with both rule 1.442 and section 768.79, the trial . . . I continue to adhere to the belief that the purpose of rule 1.442 and section 768.79 is to end litigation . . . Importantly, the statute requires that the offer be in writing and that it set forth “its total amount.” § 768.79 . . .
. . . instructions to determine the amount of attorney’s fees to which Baldwin is entitled pursuant to section 768.79 . . .
. . . . § 768.79. . . .
. . . .3d 1268, 1271 (Fla. 2015) (“The eligibility to receive attorney’s fees and costs pursuant to section 768.79 . . . Attorneys’ fees sought pursuant to proposals for settlement and offers of judgment are governed by section 768.79 . . .
. . . attorney’s fees and costs against the plaintiff pursuant to a proposal for settlement served under section 768.79 . . . .3d 1268, 1271 (Fla. 2016) (“The eligibility to receive attorney’s fees and costs pursuant to section 768.79 . . . excess of the amount contained in her offers of judgment to trigger the payment of fees under section 768.79 . . . trial court granted the plaintiffs motion to tax attorney’s fees and costs in accordance with section 768.79 . . . for the court, Justice Canady reasoned: [The plaintiff] is entitled to attorney’s fees under section 768.79 . . .
. . . Approximately six months later, Capitol served the Bartons with a proposed settlement, pursuant to section 768.79 . . .
. . . P. 1.442(h)(1); § 768.79(7)(a), Fla. . . . P. 1.442(h)(2); § 768.79(7)(b), Fla. . . .
. . . , Pool and Spa served a proposal for settlement on Landlord in January of 2012, pursuant to section 768.79 . . .
. . . This Proposal for Settlement is made pursuant to Florida Statute § 768.79, and is extended in accordance . . . Anderson then sought attorneys’ fees pursuant to section 768.79, Florida Statutes, and Florida Rule of . . . This Court reviews a party’s entitlement to attorneys’ fees pursuant to section 768.79 and Rule 1.442 . . . (citing Lucas, 813 So.2d at 973); see also § 768.79(7), Fla. Stat. . . . See § 768.79(1), Fla. Stat. . . .
. . . Florida Statute § 768.79 To review the district court’s award of attorney’s fees, we first must outline . . . the relevant Florida statute and then the settlement offers. ■ Florida Statute § 768.79 provides that . . . Stat. § 768.79(1). . . . Stat. § 768.79(7)(a). . . . Cacciamani for the total amount of $44,000, pursuant to Florida Statute § 768.79 and Florida Rule of . . .
. . . Section 768.79 and Rule 1.442 “The Legislature has modified the American rule, in which each party pays . . . its own attorney’s fees, and has created a substantive right to attorney’s fees in section 768.79 on . . . Florida Rule of Civil Procedure 1.442 implements section 768.79. See Willis Shaw Exp., Inc. v. . . . In 1996, we amended rule 1.442 to require greater detail in an offer of settlement under section 768.79 . . . This Court has held that section 768.79 and rule 1.442 must be strictly construed because they are in . . .
. . . Stat. § 768.79 and Fla. Stat. § 320.838. . . . Stat. § 768.79 is proper. . . . Stat. § 768.79. . . . Stat § 768.79 liability. . . . Stat. § 768.79. . . .
. . . . § 768.79. After reviewing the briefs and the record, we affirm. I. . . . Stat. § 768.79(1). . . . Stat. § 768.79 and Rule 1.442. . . . Stat. § 768.79(2). . . . Stat. § 768.79 and Rule 1.442. B. . . .
. . . Finally, we reverse the order which held the Employee’s offer of judgment pursuant to section 768.79, . . . Section 768.79(1) applies “[i]n any civil action for damages filed in the courts of this state...." . . . In construing the term “action for damages,” the Florida Supreme Court held that section 768.79 is inapplicable . . . resolved on remand, it “recovers a judgment in an amount at least 25 percent greater than the offer.” § 768.79 . . .
. . . . § 768.79. Briefly stated, Plaintiff contends that Fla. . . . . § 768.79 is inapplicable to her case because Plaintiff sought both monetary and non-monetary relief . . . On appeal, Plaintiff addresses only the merits of her argument about the applicability of section 768.79 . . .
. . . of a trial court’s determination of eligibility to receive an award of attorneys’ fees under section 768.79 . . . Both section 768.79 and rule 1.442 must be strictly construed because they are “in derogation of the . . . determining that Markuson was not entitled to an award of appellate attorneys’ fees pursuant to section 768.79 . . . Pursuant to section 768.79, Florida Statutes (2011), where a plaintiff serves an offer of settlement . . .
. . . Neither section 45.061(4), Florida Statutes, the statute entitled "Offers of Settlement,” nor section 768.79 . . .
. . . Riley Allen (“Appellee”) $343,590 in attorney’s fees and legal assistant’s fees pursuant to section 768.79 . . . This Proposal for Settlement is made pursuant' to Florida' Statute § 768.79, and is extended in accordance . . . Anderson, 153 So.3d 412 (Fla. 5th DCA 2014): An award, of. attorney’s fees under section 768.79 is a . . . Strict construction of section 768.79 is also required because the statute is in derogation of the common . . . "Section 768.79 provides the substantive law concerning offers and demands of judgments, whilé Florida . . .
. . . homeowner’s policy in favor of Ann Brunner, under Florida Rule of' Civil Procedure 1.442 and section 768.79 . . . (Fla.2013), the Supreme Court of Florida reiterated that the requirements of Rule 1.442 and section 768.79 . . .
. . . Ochoa served pursuant to section 768.79, Florida Statutes (2013), and Florida Rule of Civil Procedure . . . Koppel with a proposal for settlement pursuant to section 768.79 and rule 1.442. . . . thirty-day period after which a settle- . ment proposal is deemed rejected is also statutory under section 768.79 . . . 1038 n. 3 (Fla. 4th DCA 1993) ("Because the time for responding to an offer of judgment under section 768.79 . . .
. . . Delgado with a written proposal for settlement pursuant to Rule 1.442 and section 768.79, Florida Statutes . . . Analysis Our review of the proposal for settlement and its compliance with Rule 1.442 and section 768.79 . . . The court rejected this argument, since section 768.79, Florida Statutes, and Florida Rule of Civil Procedure . . . We find no basis in precedent, Rule 1.442, or section 768.79, to support Mr. . . . legislature created a property right to" an award of attorney’s fees where a party complies with section 768.79 . . .
. . . Macedo pursuant to section 768.79, Florida Statutes.' . . . Stat., and sought taxable fees and costs pursuant to section 768.79, which the trial court awarded against . . .
. . . Appel-lee moved for an award of. attorney’s fees pursuant to section .768.79, Florida Statutes (2013) . . . Section 768.79 and Florida Rule of Civil Procedure 1.442 govern trie form and ' content of proposals . . . Strict adherence to section 768.79 and rule 1.442 is required of proposals for settlement. . . . Both section 768.79 and rule 1.442 require that certain elements of-proposals for settlement be stated . . .
. . . The defendants moved for attorney’s fees and costs pursuant to section 768.79, Florida Statutes; rule . . . appeal, the plaintiff argues the proposals for settlement do -not comply with rule 1.442 and section 768.79 . . . We have de novo review of orders awarding “attorney’s fees and costs pursuant to section 768.79 and rule . . . Section 768.79 and rule 1.442 control attorney’s fees awards based on a proposal for settlement. . . . “Both section 768.79 and rule 1.442 are in derogation of the common law ... which requires that we strictly . . .
. . . denying its motion for attorney’s fees and costs made pursuant to a proposal for settlement under section 768.79 . . . See § 768.79, Fla. Stat. (2014); Fla. R. Civ. P. 1.442. . . . In-Schmidt, the district court explained the application of section 768.79 as follows: To begin, the . . . Subsection. (6)(b) of section 768.79 (in pertinent part) provides as follows: “(6) Upon motion made by . . . Thus, under section 768.79, only Vanguard Inc. could serve a proposal for settlement. § 768.79(1), Fla . . .
. . . Section 768.79 of the Florida Statutes creates a substantive right to attorney’s fees when, among other . . . “The purpose of Section 768.79 is to lead litigants to settle by penalizing those who decline offers . . . By its own terms, section 768.79 applies only to “civil action[s] for damages.” . . . See § 768.79(1), Fla. Stat. (2011). . . . Id. at 374 (“Florida courts have not decided whether a party may utilize section 768.79 when.he or she . . .
. . . (citing § 768.79(6)(b), Fla. Stat. (2012)). . . .
. . . filed a notice of a settlement proposal pursuant to Florida Rulé of Civil Procedure 1.442 and section 768.79 . . . See § 768.79, Fla. Stat.; Fla. R. Civ. P. 1.442(f). . . .
. . . The Florida Supreme Court has uniformly required strict compliance with section 768.79 of the Florida . . . First, section - 768.79 is a .fee-shifting statute in derogation of the common law, and as such it must . . . Goldman, 959 S.o.2d 223, 226-27 (Fla.2007) (requiring strict compliance with section 768.79(2)(a) and . . . awarded in a final judgment, in order to ensure that the litigation is terminated by the , settlement. § 768.79 . . . The plaintiff then moved, on this ground, to recover her attorney’s fees under section 768.79, Florida . . . bright-line rule should not be applied here where the proposal complied with all of the provisions of section 768.79 . . . , 171 So.3d 242, 243 (Fla. 1st DCA 2015), which reaffirmed the’ holding that rule 1.442 and section 768.79 . . .
. . . cross-appeal the trial court’s order denying their motion for attorneys fees filed pursuant to section. 768.79 . . . tendered a $100 proposal for settlement pursuant to Florida Rule of Civil Procedure 1.442 and section 768.79 . . . part of BCU or Reed, they timely filed a motion for attorney fees pursuant to rule 1.442 and section 768.79 . . . Id. § 768.79(7)(a). ' For an offer tó be made in good faith, the offer must “have some reasonable foundation . . . Florida Rule of Civil Procedure T.442 is titled “Proposal for Settlements” and implements section 768.79 . . .
. . . order, in which the trial court found an offer of judgment complied with the requirements of section 768.79 . . . The supreme court has now quashed our decision and held that the offer failed to comply with section 768.79 . . .
. . . Stat., § 768.79; see also Fla. R. Civ. P. 1.442. . . . Stat. § 768.79(2). . . . See id. § 768.79(1). . . . .
. . . Citizens sought fees under the offer of judgment statute (section 768.79, Florida Statutes (2012)) and . . .
. . . In support,- Chang urgés the 'Court to construe the thirty-day time period of Section 768.79 of the Florida . . . , in which casé this Court' would have to determine the timeliness of Chase’s motions under Section 768.79 . . . The Supreme Court of Florida has interpreted the thirty-day time period of Section 768.79 as procedural . . . Pursuant to section 768.79, Florida Statutes, Southern District of Florida Local Rule 7.3, and 28 U.S.C . . . Chase is entitled to attorneys’ fees pursuant to Florida Statutes section 768.79. . . .
. . . rendering Tyson liable for Wallen’s attorney’s fees and costs under the terms of the Proposal and section 768.79 . . . The requirements for a valid proposal for settlement are set forth in section 768.79, Florida Statutes . . .