ALLSTATE INDEMNITY COMPANY, APPELLANT,
v.
SOLEN HINGSON AND ANNETTE HINGSON, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that an undifferentiated offer of judgment, even if made before the latest amendment to rule 1.442, does not entitle the offeror to attorney's fees under section 768.79.
Allstate served an offer of judgment for $30,000 on the Hingsons, which was not differentiated between Mr. Hingson's injury claim and Mrs. Hingson's c…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Fla. Stat. § 768.79 cases and more on FLexlaw
PER CURIAM.
Appellant, Allstate Indemnity Company, challenges the trial court’s denial of its motion for attorney’s fees based on an offer of judgment under section 768.79, Florida Statutes (1995). We affirm.
Appellant, on November 12,1996, served an offer of judgment on appellees, Solen Hingson and Annette Hingson, husband and wife. Appellant’s offer was for $30,000 and was not differentiated between the amount offered for Mr. Hingson’s injuries in an automobile accident and Mrs. Hingson’s resulting consortium claim.
The trial judge denied appellant’s motion for attorney’s fees citing the policy considerations regarding undifferentiated offers of judgment enunciated in section 768.79, Florida Rule of Civil Procedure 1.442, and USAA v. Behar, 752 So. 2d 663 (Fla. 2d DCA 2000). Even though Behar can be distinguished because appellant’s offer was made prior to the latest amendment to rule 1.442, we nevertheless affirm on the authority of C & S Chemicals, Inc. v. McDougald, 754 So. 2d 795 (Fla. 2d DCA 2000). In doing so, we are in conflict with Herzog v. K-Mart, 760 So. 2d 1006 (Fla. 4th DCA 2000).
Affirmed.
CAMPBELL, A.C.J., and FULMER and GREEN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Allstate Indem. Co. v. Solen Hingson and Annette Hingson, 808 So. 2d 197 (Fla. 2002)…PER CURIAM. We have for review Allstate Indemnity Co. v. Hingson, 774 So. 2d 44 (Fla. 2d DCA 2000), which expressly and directly conflicts with the opinion in Herzog v. K-Mart Corp., 760 So. 2d 1006 (Fla. 4th DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons expressed below, we approve the resu…
-
Dudley v. McCORMICK, 799 So. 2d 436 (Fla. 1st DCA 2001)…erzog v. K-Mart Corp., 760 So. 2d 1006, 1009 (Fla. 4th DCA 2000); Bodek v. Gulliver Academy, 702 So. 2d 1331, 1332 (Fla. 3d DCA 1997); Tucker v. Shelby Mut. Ins. Co., 343 So. 2d 1357, 1358 (Fla. 1st DCA 1977); but see Allstate Indem. Co. v. Hingson, 774 So. 2d 44, 44 (Fla. 2d DCA 2000) (applying amended version of Florida Rule of Civil Procedure 1.442(c)(3) to an offer of settlement served prior to January 1, 1997). Ms. McCormick’s proposal for settlement was served after January 1, 1997, the effective date…
-
Thompson v. Andrew K. Hodson, M.D., 825 So. 2d 941 (Fla. 1st DCA 2002)…Civ. P. 1.442(c) (1999). Therefore, any proposal from a single defendant directed to multiple plaintiffs must specifically apportion the settlement offer among the plaintiffs. See Fla. R. Civ. P. 1.442(c)(3); see also Allstate Indem. Co. v. Hingson, 774 So. 2d 44, 44 (Fla. 2d DCA 2000) (affirming the trial court’s denial of appellant’s motion for attorney’s fees because the offer of judgment served on plaintiffs had not differentiated between the amount offered for the husband’s injuries in an automobile acc…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United Servs. Auto. Ass'n v. Raymond J. Behar, M.D., 752 So. 2d 663 (Fla. 2d DCA 2000)
- Pfoutz v. State, 754 So. 2d 795 (Fla. 5th DCA 2000)
- Herzog v. K-Mart Corp., 760 So. 2d 1006 (Fla. 4th DCA 2000)