CORY P. STEWART, APPELLANT,
v.
PROGRESSIVE AMERICAN INSURANCE COMPANY, APPELLEE
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Stewart appeals an order striking his request for sanctions under Florida Rule of Civil Procedure 1.442 in an uninsured motorist benefits dispute. The court holds that one of Stewart's offers of judgment satisfied the rule's requirements and should have been considered for sanctions eligibility.
The court held that the $6,500 offer of judgment satisfied Rule 1.442's requirements and should not have been struck. The reference to accrued costs constitutes harmless surplusage under Rule 1.442, and costs need not be specified in the offer since they are allowed as an incident of damages separate from the damages calculation.
[1] A court should not strike an offer of judgment that satisfies the requirements of Florida Rule of Civil Procedure 1.442(h)(1)(B)(ii).
[2] Sanctions under Florida Rule of Civil Procedure 1.442 are authorized when damages awarded exceed 125% of a refused offer.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Rule 1.442(h)(l)(B)(ii) authorizes the court to impose sanctions when the damages awarded are more than 125% of a refused offer to accept payment.”
Establishes the legal standard for imposing sanctions under the rule that forms the basis of this appeal.
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Join FLexlaw to unlock all legal intelligenceStewart filed an action against Progressive American Insurance Company for uninsured motorist benefits and served several offers of judgment within th…
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ALLEN, Judge.
The appellant challenges an order granting the appellee’s motion to strike the appellant’s request for sanctions under Florida Rule of Civil Procedure 1.442, and various offers of judgment filed in connection with the request for sanctions. Because one of the offers of judgment satisfies the requirements of rule 1.442(h)(l)(B)(ii), we conclude that the court should not have granted the motion to strike as it relates to this offer, and should have considered the request for sanctions.
After the appellant filed an action against the appellee for uninsured motorist benefits, he served several offers of judgment within the time required by rule 1.442(b). The appellee did not accept these offers, and the action proceeded to trial. The appellant obtained a jury verdict in excess of the policy limit, and the court then entered a final judgment by which the appellant was awarded damages at the policy limit of $10,000.
Rule 1.442(h)(l)(B)(ii) authorizes the court to impose sanctions when the damages awarded are more than 125% of a refused offer to accept payment. The appellant contends that his initial offers for $10,000 meet this criteria because the jury verdict was more than 125% of the offers. But the rule contemplates sanctions upon a disproportionate judgment, see The Florida Bar Re Amendment to Rules of Civil Procedure, Rule 1442 (Offer of Judgment), 550 So. 2d 442 (Fla.1989), and the “damages awarded” are properly measured by the judgment.
Alternatively, the appellant contends that the offer may be compared to the total amount of the judgment, including the assessment of costs.
However, costs are merely an incident of the actual damages, rather than damages in themselves. See generally, River Road Const. Co. v. Ring Power Cory., 454 So. 2d 38 (Fla. 1st DCA 1984).
Although River Road involved a different factual context and an earlier version of rule 1.442, the court relied on the statutory allowance of costs as described in Golub v. Golub, 336 So. 2d 693 (Fla. 2d DCA 1976).
Golub establishes that costs are not a part of the damages claimed, and River Road adopted this theory to approve an allowance of costs in addition to the amount stated in an accepted offer. Insofar as costs are allowed as an incident of, and in addition to, the established damages, the assessment of costs should not be considered when the damages awarded are compared with the amount stated in the appellant’s offer of judgment.
The appellant eventually served an offer of judgment for $6,500 plus taxable costs “accrued as of the date of acceptance.” The judgment awarding damages at the policy limit of $10,000 is more than 125% of this $6,500 offer. The appellee successfully maintained below that the inclusion of unspecified costs made the offer indefinite, so that it did not state the “total amount” as required under rulé 1.442(c)(2). But, in accordance with River Road, any specification of costs would be unnecessary, and the appellant’s reference to accrued costs may thus be considered surplusage. The $6,500 offer of judgment therefore comports with the requirements of rule 1.442. The court should have entertained the appellant’s request for sanctions in connection with this offer.
Accordingly, sanctions may be imposed if the appellant satisfies the additional conditions described in rule 1.442(h)(1)(A).
The challenged order is reversed and the cause is remanded.
SMITH and KAHN, JJ„ concur.
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Citator
Cited By
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Mincin v. Short, 662 So. 2d 1323 (Fla. 2d DCA 1995)…f the “judgment obtained” by Mincin. In doing so, we also reject Minein’s argument that Short made costs an integral element of her offer. See Hellmann v. City of Orlando, 610 So. 2d 103 (Fla. 5th DCA 1992); Stewart v. Progressive American Ins. Co., 595 So. 2d 272 (Fla. 1st DCA 1992). We also conclude that Mincin was not entitled to taxable costs incurred after Short filed her offer of judgment. In Goode v. Udhwani, 648 So. 2d 247 (Fla. 4th DCA 1994), the court recently considered the interplay between secti…
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Allstate Ins. Co. v. Vonnie B. Sutton, 707 So. 2d 760 (Fla. 2d DCA 1998)…ally agreed with that premise. For the purposes of a statute such as section 768.79, the damages that trigger the attorneys’ fee portion are measured by the judgment rather than by the jury verdict, see Stewart v. Progressive American Insurance Co., 595 So. 2d 272 (Fla. 1st DCA 1992), and the final judgment must be modified to limit the insurer’s liability to the amount of its policy limits, see Dixie Ins. Co. v. Lewis, 484 So. 2d 89 (Fla. 2d DCA 1986). An exception exists in the case of a judicial finding of…
Authorities Cited
- The Fla. Bar re: Amendment to Rules of Civil Procedure, 550 So. 2d 442 (Fla. 1989)
- Golub v. Golub, 336 So. 2d 693 (Fla. 2d DCA 1976)
- Blue Cross & Blue Shield OF Fla., Inc. v. Walters, 454 So. 2d 38 (Fla. 3d DCA 1984)