STEVEN LEE RUDY, APPELLANT,
v.
MERCHANTS & SOUTHERN BANK, G. THOMAS MALLINI, INDIVIDUALLY, AND REGINA POTTER, INDIVIDUALLY, APPELLEES

Fla. 1st DCA | 2004-12-15
No. 1D03-5108
ALLEN, DAVIS and BENTON, JJ., concur.
890 So. 2d 1152 Florida District Court of Appeal, First District (2004) Caution
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant challenges an attorney’s fee and costs award which was made under Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes, based on the appellant’s failure to accept a joint proposal for settlement offered by the appellees. However, the proposal did not state the settlement amount attributable to each of the appellees, as required under rule 1.442(c)(3) and Willis Shaw Express v. Hilyer Sod, 849 So. 2d 276 (Fla.2003). The appealed order is therefore reversed.

ALLEN, DAVIS and BENTON, JJ., concur.


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  • Seminole Tribe OF Florida v. McCOR, 903 So. 2d 353 (Fla. 2d DCA 2005)
    …hat denied motion to dismiss where defendants were “a derivative economic organization and agent of the Seminole Tribe of Florida” which “were immune from suit under the doctrine of sovereign immunity”); cf. Miccosukee Tribe of Indians v. Napoleoni, 890 So. 2d 1152, 1153-54 (Fla. 1st DCA 2004) (granting “writ of prohibition, barring further proceedings,” where workers’ compensation claim was brought against Indian tribe that enjoyed sovereign immunity). Certiorari jurisdiction exists in this context because th…
  • Miccosukee Tribe OF Indians OF Florida v. Bermudez, 92 So. 3d 232 (Fla. 3d DCA 2012)
    …gation in another sovereign entity, the State of Florida, then retreat into his own sovereign when it suits him. Similarly, neither Cypress v. Tamiami Partners, Ltd., 662 So. 2d 1292 (Fla. 3d DCA 1995), nor Miccosukee Tribe of Indians v. Napoleoni, 890 So. 2d 1152 (Fla. [*235] 1st DCA 2004), offer any succor to Mr. Roman in this case. Although we quashed the depositions of two Miccosukee Tribe officials in Cypress, the opinion does not explain the factual basis for our decision. Cypress, 662 So. 2d at 1292. A…
  • Seminole Tribe OF Florida v. Ariz, 67 So. 3d 229 (Fla. 2d DCA 2010)
    …uivocal consent of the Tribe to be subject to liability under the facts of this case. Velasquez has failed to show an express and unequivocal waiver of sovereign immunity that is applicable to her case. See Miccosukee Tribe of Indians v. Napoleoni, 890 So. 2d 1152, 1153 (Fla. 1st DCA 2004); see also Cupo v. Seminole Tribe of Fla., 860 So. 2d 1078, 1079 (Fla. 1st DCA 2003) (concluding that the judge of compensation claims lacked subject matter jurisdiction because the claimant failed to show a clear, express,…

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