GABRIEL SCAFF MARTINEZ, APPELLANT,

v.

IRWIN LICHTER AND LOURDES PONS, APPELLEES

Citator

Cited By (17 total)

• Oruga Corp., Inc. v. AT&T Wireless OF Fla., Inc., 712 So. 2d 1141 (Fla. 3d DCA 1998)
  …make only the class representative whole for his losses, and not the putative class members, was entirely reasonable and consistent with an objective assessment of its liability in this cause. See generally Peoples Gas Sys., Inc. v. Acme Gas Corp., 689 So. 2d 292, 300-01 [*1145] (Fla. 3d DCA 1997). We therefore find the lower court correctly determined that AT&T was entitled to an award of attorneys fees and costs pursuant to section 768.79(1) and thus we affirm the same. We turn now to the cross appeal whe…
• Ira FOX v. McCAW Cellular Commc'ns OF Fla., Inc., 745 So. 2d 330 (Fla. 4th DCA 1998)
  …98) (fact that offer is nominal not necessarily determinative of issue of good faith); State Farm Mut. Auto. Ins. Co. v. Marko, 695 So. 2d 874 (Fla. 2nd DCA 1997) (offer of $1 treated as in good faith); and Peoples Gas System Inc. v. Acme Gas Corp., 689 So. 2d 292 (Fla. 3rd DCA 1997) (offer of $2,500 in case later settled for $3.5 million not determinative of bad faith). The common thread running through the decisions is that the offerors in all of them had a reasonable basis at the time of the offer to concl…
• State Farm Mut. Auto. Ins. Co. v. Marko, 695 So. 2d 874 (Fla. 2d DCA 1997)
  …elected to join his uninsured/underinsured carrier as a defendant. He took his chances and lost. Just as Marko attempted to protect his interests, State Farm did the same by making the $1 offer of judgment. See Peoples Gas System v. Acme Gas Corp., 689 So. 2d 292 (Fla. 3d DCA 1997). Accordingly, we reverse the order denying State Farm its attorney’s fees under section 768.79 and remand for a hearing to determine the amount of those fees. We also reverse the denial of State Farm’s costs and remand for a hear…

Authorities Cited

• Zeidwig v. Ward, 548 So. 2d 209 (Fla. 1989)
• Rios v. McDERMOTT, 613 So. 2d 544 (Fla. 3d DCA 1993)