RALPH BODEK AND LORRAINE BODEK, AS PARENTS AND NATURAL GUARDIANS OF THEIR MINOR SON, ROBERT BODEK, ON BEHALF OF THEIR MINOR SON, ROBERT BODEK AND THEMSELVES, INDIVIDUALLY, APPELLANTS,
v.
GULLIVER ACADEMY, INC., APPELLEE

Fla. 3d DCA | 1997-12-10
No. 95-38
Before NESBITT, GERSTEN and GODERICH, JJ.
702 So. 2d 1331 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 16 cases

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Holding

An offer of judgment made to 'the Plaintiffs' satisfies statutory requirements when multiple plaintiffs are involved, and the statute does not mandate specifying amounts for each individual plaintiff.


Headnotes

[1] An offer of judgment made to "the Plaintiffs" satisfies statutory requirements when the defendant seeks to settle with all plaintiffs in a case involving multiple plainti…

[2] A statute governing offers of judgment does not require an offer made to multiple plaintiffs to specify the amount offered to each plaintiff, only the total amount.

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Facts & Procedural History

Gulliver Academy served an Amended Offer of Judgment to the plaintiffs, which was rejected. A jury found in favor of Gulliver, and the trial court awa…

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Opinion of the Court
■ PER CURIAM.

PER CURIAM.

Upon remand from the Florida Supreme Court, we now address the appellants’ remaining contentions that were not previously addressed by this Court. Gulliver Academy, Inc. v. Bodek, 694 So. 2d 675 (Fla.1997), rev’g 659 So. 2d 354 (Fla. 3d DCA 1995).

In April 1993, Gulliver Academy, Inc. [Gulliver] served the plaintiffs with its Amended Offer of Judgment. The offer of judgment provided,, in part, that it was being made pursuant to section 768.79, Florida Statutes, and that “[t]he offer is being made by the Defendant, Gulliver Academy, Inc. to the Plaintiffs.” The plaintiffs rejected the offer of judgment.

The case proceeded to trial, and the jury entered a verdict in favor of Gulliver. Gulliver then moved for attorney’s fees and costs pursuant to section 768.79, Florida Statutes (Supp.1990). The trial court granted Gulliver’s motion. The plaintiffs’ appeal followed.

The plaintiffs contend that the trial court erred by granting Gulliver’s motion for attorney’s fees and costs where the offer of judgment to “the Plaintiffs” fails to meet the statutory requirement of section 768.79(2)(b), which provides that the offer must “[n]ame the party making it and the party to whom it is being made.” See also Fla. R. Civ. P. 1.442(e)(2) (1990). Further, the plaintiffs argue that the offer of judgment is not in proper form because it fails to specify the amount that is being offered to each plaintiff. We disagree with these arguments.

In the instant ease, the offer of judgment states that it was being made to “the Plaintiffs.” We find that in situations, as in the instant case, where there are multiple plaintiffs, and the defendant seeks to settle with all plaintiffs, section 768.79(2)(b) is satisfied when the offer of judgment provides that it is being made to “the Plaintiffs.”

Further, contrary to the plaintiffs’ assertion, section 768.79 does not require that in circumstances where the offer of judgment is being made to multiple plaintiffs, that the offer of judgment state the amount that is being offered to each plaintiff. In fact, section 768.79(2)(d) merely provides that the offer of judgment must “[s]tate its total amount.”1

Moreover, this issue was addressed in Tucker v. Shelby Mutual Insurance Co. of Shelby, Ohio, 343 So. 2d 1357 (Fla. 1st DCA 1977). In Tucker, the First District interpreted an earlier version of the Offer of Judgment rule, Rule 1.442, Florida Rules of Civil Procedure, that provided, in part, that “[i]f the judgment finally obtained by the adverse party is not more favorable than the offer he must pay the costs incurred after the making of the offer.” In Tucker, William Tucker brought a personal injury action seeking damages on behalf of his minor child. In the same action, he also sought damages individually for medical expenses and the denial of the services of his minor child. The defendant filed an offer of judgment in the amount of $6,000 to settle the combined claims. The offer of judgment was rejected. The jury returned a verdict that was less than the amount offered. The minor child and Mr. Tucker appealed from the cost judgment that denied their motion for costs arguing that Rule 1.442 does not permit a single offer to two plaintiffs that have separate' causes of action. The First District, acknowledging that the minor child’s and the parent’s claims are separate and distinct, held that “where the claims of a father and his minor daughter are properly joined in one action we fail to see that violence has been done to the rule [1.442] by a defendant making one offer to both parties.” Tucker, 343 So. 2d at 1358. Therefore, we find that the offer of judgment met the statutory requirements of section 768.79.

Next, the plaintiffs contend that they were “powerless” to accept or reject the offer because a minor child’s claim can only be settled upon approval by the trial court. § 744.387(3)(a), Fla. Stat. We reject this argument, as the First District did in Tucker:

We do not believe the provisions of the rule [1.442] and Section 744.387 are irreconcilable. We feel that a reasonable interpretation is that the court must first approve a settlement offer made for the benefit of a minor before judgment can be entered by the clerk. Once the offer is approved, the court need only specify in its order the amount payable to each party, pursuant to agreement of the parties, and the clerk is required then to enter judgment in accordance with the order. To accept the appellants’ argument that the rule has no application to the type of offer on appeal would result in an overly technical interpretation of Rule 1.442. The rule is designed to induce a party to settle litigation and obviate the necessity of a trial.

Tucker, 343 So. 2d at 1359 (citations omitted).

Accordingly, we affirm the trial court’s order awarding attorney’s fees and costs to Gulliver. . Rule 1.442, Florida Rules of Civil Procedure, has subsequendy been amended, effective January 1, 1997, to require that the proposal for settiement identify the claim or claims that are attempting to be setded. Rule 1.442(c)(3), provides as follows: “A proposal may be made by or to any party or parties and by or to any combination of parties properly identified in the proposal. A joint proposal shall state the amount and terms attributable to each party.”


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Cited By

  • …involving a joint offer of judgment served prior to the amendment to the rule, as K-Mart’s was, have held such joint offers valid, despite the failure to specify the amounts attributable to each plaintiff. See, e.g., Bodek v. Gulliver Academy, Inc., 702 So. 2d 1331 (Fla. 3d DCA 1997); V.I.P. Real Estate Corp. v. Florida Executive Realty Mgmt. Corp., 650 So. 2d 199, 201 (Fla. 4th DCA 1995); Gross v. Albertson’s, Inc., 591 So. 2d 311 (Fla. 4th DCA 1991). On the authority of these cases we agree with K-Mart’s arg…
    1 / 3
  • Flight Express, Inc. v. Robinson, 736 So. 2d 796 (Fla. 3d DCA 1999)
    …While there is good reason, based on the need to avoid further litigation over the distribution of the proceeds, to require a division of amounts to be paid to each of several offerees in a settlement proposal, see Bodek v. Gulliver Academy, Inc., 702 So. 2d 1331 (Fla. 3d DCA 1997); McFarland & Son, Inc. v. Basel, 727 So. 2d 266 (Fla. 5th DCA 1999), the amounts which each of several offerors contribute to the proposed settlement can make no difference to the offeree or otherwise affect its efficacy in any pr…
  • Berges v. Infinity Ins. Co., 896 So. 2d 665 (Fla. 2004)
    …court approval. This scheme is consistent with the purposes of settlement, which are to simplify and shorten litigation, save costs to parties, and ease the burden on the courts by obviating the necessity of trial. See Bodek v. Gulliver Acad., Inc., 702 So. 2d 1331, 1332 (Fla. 3d DCA 1997), abrogated on other grounds as recognized by Dudley, 799 So. 2d at 436, 440 n. 4; see generally Cunningham v. Standard Guar. Ins. Co., 630 So. 2d 179, 182 (Fla.1994) (“This Court has looked with favor upon stipulations desig…

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