FRANK R. MUDANO, PERSONAL REPRESENTATIVE OF THE ESTATE OF SALVO MUDANO, APPELLANT,
v.
ST. PAUL FIRE & MARINE INSURANCE COMPANY, ET AL., APPELLEES
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The court held that section 768.79, Florida Statutes, does not apply to offers of judgment for causes of action that accrued before its effective date.
This case involves an appeal from an order taxing fees and costs under section 768.79, Florida Statutes. The accident and injury occurred before the s…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
This is an appeal from an order taxing fees and costs pursuant to section 768.79, Florida Statutes. The statute provides for the award of attorney’s fees and costs un-. der specified circumstances where an offer of judgment is not accepted. The accident and injury in question occurred prior to July 1, 1986, the effective date of the statute.
Chapter 768, Florida Statutes, “NEGLIGENCE,” is divided into three parts. Part III, “DAMAGES,” contains sections 768.71 through 768.81. Section 768.71, entitled “Applicability; conflicts,” provides, in part:
(2) This part applies only to causes of action arising on or after July 1, 1986, and does not apply to any cause of action arising before that date.
The trial court ruled that the statute was procedural and therefore applied retroactively. However, we conclude that the statute, by its terms, does not apply to offers of judgment where the underlying cause of action accrued prior to its effective date. Further, the statute, in any event, affects substantive rights, and therefore may only be applied prospectively. See Smith v. Department of Insurance, 507 So. 2d 1080 (Fla.1987). Cf. Young v. Altenhaus, 472 So. 2d 1152 (Fla.1985); Tindall v. Miller, 463 So. 2d 1262 (Fla. 2d DCA), rev. denied, 475 So. 2d 695 (Fla.1985); Parrish v. Mullis, 458 So. 2d 401 (Fla. 1st DCA 1984). Therefore, the order is reversed and the cause remanded.
DOWNEY, GUNTHER and STONE, JJ., concur.
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Metro. Dade Cnty. v. Jones Boatyard, Inc., 611 So. 2d 512 (Fla. 1993)….79? We hold that it does not. The decision in Jones Boatyard, Inc. below was based on the holding in Reinhardt v. Bono, 564 So. 2d 1233 (Fla. 5th DCA1990), which in turn was based on the reasoning in Mudano v. St. Paul Fire & Marine Insurance Co., 543 So. 2d 876 (Fla. 4th DCA1989). In Mudano the district court noted: Chapter 768, Florida Statutes, “NEGLIGENCE,” is divided into three parts. Part III, “DAMAGES,” contains sections 768.71 through 768.81. Section 768.71 entitled “Applicability; conflicts,” prov…
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Hull & Co., Inc. v. Clair Thomas, 834 So. 2d 904 (Fla. 4th DCA 2003)…pplies to this case since the cause of action accrued in 1989. See Metro. Dade County v. Jones Boatyard, Inc., 611 So. 2d 512, 513-14 (Fla.1993); Levine v. Harris, 791 So. 2d 1175, 1177 (Fla. 4th DCA 2001); Mudano v. St. Paul Fire & Marine Ins. Co., 543 So. 2d 876, 877 (Fla. 4th DCA 1989). Under the 1989 statute, Prudential was not entitled to attorney’s fees. See, e.g., Wilson Ins. Servs. v. W. Am. Ins. Co., 608 So. 2d 857, 858 (Fla. 4th DCA 1992). Affirmed in part, reversed in part, and remanded. STONE, J…
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Dynasty Express Corp. v. Bernie T. Weiss, 675 So. 2d 235 (Fla. 4th DCA 1996)…tion that the version of section 768.79 to be applied is determined by the date on which the cause of action accrued. See, e.g., Metropolitan Dade County v. Jones Boatyard, Inc., 611 So. 2d 512 (Fla. 1993); Mudano v. St. Paul Fire & Marine Ins. Co., 543 So. 2d 876 (Fla. 4th DCA 1989). It is clear that these cases, and the others relied upon by defendant for this proposition, relate to the substantive right to collect attorney’s fees under the statute. Because the right to collect fees is substantive in natur…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. Dep't OF Ins., 507 So. 2d 1080 (Fla. 1987)
- Jerrold Young v. Fern Altenhaus, 472 So. 2d 1152 (Fla. 1985)
- Norene Parrish v. O. Lee Mullis, M.D., 458 So. 2d 401 (Fla. 1st DCA 1984)
- Renelt v. Kline, 458 So. 2d 401 (Fla. 1st DCA 1984)
- Tindall v. James E. Miller, M.D., 463 So. 2d 1262 (Fla. 2d DCA 1985)