MARSHALL WEISBARD AND DENISE WEISBARD, APPELLANTS,
v.
WARD AND CAGGIANO, P.A., WALTER C. WARD, AND ANTHONY J. CAGGIANO, APPELLEES
MARSHALL WEISBARD AND DENISE WEISBARD, APPELLANTS,
WARD AND CAGGIANO, P.A., WALTER C. WARD, AND ANTHONY J. CAGGIANO, APPELLEES
738 So. 2d 1024
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 11 cases
Opinion of the Court
STONE, J.
We reverse the final summary judgment. Appellees have failed to show the absence of any genuine issue of material fact as to the question of whether there was an undisclosed agreement, between Appellees and the referring attorney, to pay a referral fee out of their contingency fee. Without commenting on the weight of the proof, there is evidence in support of Appellants’ claim. With regard to further proceedings after remand, we direct the trial court’s attention to Chandris, S.A. v. Yanakakis, 668 So. 2d 180 (Fla.1995).
DELL and GROSS, JJ., concur.
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Zalis v. M.E.J. Rich Corp., 797 So. 2d 1289 (Fla. 4th DCA 2001)…ers of judgment state with particularity the amount offered to settle a claim for punitive damages. The section creates “penalties” for the declining party’s failure to accept the offer and end the litigation. Abbott & Purdy Group Inc. v. Bell, Jr., 738 So. 2d 1024, 1026 (Fla. 4th DCA 1999). Under Florida Rules of Civil Procedure 1.442(c), proposals for settlement must state with particularity any relevant conditions, state the total amount of the proposal and state with particularity all nonmone-tary terms o…
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Hugo SAN Martin & Mark Nelson v. Daimlerchrysler Corp., 983 So. 2d 620 (Fla. 3d DCA 2008)…s. Id Our careful study of Buckhannon persuades us that because in the two cases before us the court by rule retained authority to enforce the terms of the accepted offers of judgment, see Fla. R. Civ. P. 1.442(d); Abbott & Purdy Group Inc. v. Bell, 738 So. 2d 1024, 1026 (Fla. 4th DCA 1999), these accepted offers were the near functional equivalent of consent decrees in which neither party admits liability. Stated otherwise, the use of the procedural vehicle as it was employed by the parties in this case remov…
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Mady v. Daimlerchrysler Corp., 976 So. 2d 1212 (Fla. 4th DCA 2008)…e have previously held that section 768.79, Florida Statutes (1998), and Florida Rule of Civil Procedure 1.442 do NOT require entry of a final judgment unless the judgment is a term of the proposal for settlement. Abbott & Purdy Group, Inc. v. Bell, 738 So. 2d 1024 (Fla. 4th DCA 1999). . We further disagree that our ruling undermines the purposes of permitting the shifting of fees under both 15 U.S.C. § 2310(d)(2) (Supp.2005) and section 768.79, Florida Statutes (2005). Even if a judgment had been entered in…
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- Chandris, S.A. v. Basil Yanakakis, 668 So. 2d 180 (Fla. 1995)