ADRIAN JARROD BRASWELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• Willis Shaw Express, Inc. v. Hilyer SOD, Inc., 849 So. 2d 276 (Fla. 2003)
  …WELLS, J. We have for review Hilyer Sod, Inc. v. Willis Shaw Express, Inc., 817 So. 2d 1050 (Fla. 1st DCA 2002), which certified conflict with the decisions in Flight Express, Inc. v. Robinson, 736 So. 2d 796 (Fla. 3d DCA 1999), and Spruce Creek Development Co. of Ocala, Inc. v. Drew, 746 So. 2d 1109 (Fla. 5th DCA 1999). We have jurisdicti…
• State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006)
  …3] an award of fees to the insurer would actually impose a penalty on the insured. I do not believe that the Legislature intended this result in enacting the No-Fault Act or section 768.79. [n. 3] See Hilyer Sod, Inc. v. Willis Shaw Express, Inc., 817 So. 2d 1050, 1054 (Fla. 1st DCA 2002) (“Moreover, the offer of judgment statute and rule should be strictly construed because the procedure is in derogation of the common law and is penal in nature.”), approved, 849 So. 2d 276 (Fla.2003); Schussel v. Ladd Haird…
• Norris v. Treadwell, 907 So. 2d 1217 (Fla. 1st DCA 2005)
  …that, because attorneys’ fees are in derogation of the common law, a statute allowing an award of fees should be construed narrowly. See e.g. Sarkis v. Allstate Ins. Co., 863 So. 2d 210, 223 (Fla.2003); Hilyer Sod, Inc. v. Willis Shaw Express, Inc., 817 So. 2d 1050, 1054 (Fla. 1st DCA 2002), approved 849 So. 2d 276 (Fla.2003). The wording of rule 1.525 refers explicitly to the “filing of the judgment.” The rule also uses “within,” and not “before,” connoting a closed period of thirty days. For example, two dic…