GERARD MCHALE, JR., APPELLANT,
v.
JACK GROBOWSKY, TROPICAL PROPERTIES, LTD., AND CLUB BAHA, LTD., APPELLEES
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The court reversed an attorney's fees award based on an invalid offer of judgment that contained a condition requiring nonparty participation, while dismissing the appeal of a nonfinal order denying amendment of the complaint.
An offer of judgment under Florida Statutes section 768.79 is invalid and cannot support an attorney's fees award when it contains a condition requiring the participation of a nonparty.
[1] An offer of judgment under Florida Statutes section 768.79 is invalid and cannot support an award of attorney's fees when it contains a condition requiring the participat…
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Join FLexlaw to unlock all legal intelligenceGerard McHale, Jr. appealed two orders: one denying his motion to amend his complaint and another awarding $114,937.62 in attorney's fees to appellees…
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NORTHCUTT, Judge.
Gerard McHale, Jr., appeals two orders. The first, which denied his motion to amend his complaint, is a nonfinal order and is not appealable. See Fla. R.App. P. 9.130. For this reason, we dismiss the appeal insofar as it pertains to this order. McHale also appeals a partial final judgment awarding $114,937.62 in attorney’s fees to Jack Grobowsky, Tropical Properties, Ltd., and Club Baha, Ltd. This order allows for immediate execution, and therefore it is final and appealable even though the case remains pending below. See Hastings v. Osius, 104 So. 2d 21 (Fla.1958); Haas v. Roe, 696 So. 2d 1254 (Fla. 2d DCA 1997). As to this order, we reverse.
The circuit court found that the appel-lees were entitled to fees based on an offer of judgment pursuant to section 768.79, Florida Statutes (1987), and the parties stipulated to the reasonableness of the fees claimed. However, the underlying basis for the award, the offer of judgment, was invalid because it contained a condition that required the participation of a nonparty. See Bush Leasing, Inc. v. Gallo, 634 So. 2d 737, 741-42 (Fla. 1st DCA 1994); see also McMullen Oil Co. v. ISS Int’l Serv. Sys., Inc., 698 So. 2d 372 (Fla. 2d DCA 1997), superseded by rule as stated in Gulf Coast Transp. Inc. v. Padron, 782 So. 2d 464 (Fla. 2d DCA 2001). Accordingly, we reverse the partial final judgment award ing attorney’s fees to Grobowsky, Tropical Properties, and Club Baha.
Dismissed in part; reversed in part.
ALTENBERND and CASANUEYA, JJ., Concur.
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Thomas v. The Hosp. Bd. OF Directors OF LEE Cnty., 41 So. 3d 246 (Fla. 2d DCA 2010)…Finally, Lucy Thomas appeals the trial court’s order denying her motion for leave to amend her complaint to add a § 1983 claim. However we dismiss this portion of the appeal because the order was nonfinal and nonappealable. See McHale v. Grobowsky, 913 So. 2d 1292, 1292 (Fla. 2d DCA 2005) (dismissing portion of appeal addressing order which denied motion to amend complaint but reviewing second order which was a partial final judgment); Traveler v. Steiner Transocean Ltd., 895 So. 2d 1191, 1192 (Fla. 3d DCA 20…
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Super Prods., LLC v. Intracoastal Env't, LLC, 249 So. 3d 788 (Fla. 2d DCA 2018)…n of the contract. Still, we lack jurisdiction to reverse the fee award at this time. The order does not contain language allowing execution; as such, it is a nonappealable, nonfinal order, and we must dismiss this appeal. See McHale v. Grobowsky, 913 So. 2d 1292, 1292 (Fla. 2d DCA 2005). As we do so, it is worth noting that until an action is resolved by entry of final judgment, a circuit court has inherent authority to reconsider its interlocutory orders. See LoBello v. State Farm Fla. Ins. Co.,152 So. 3…
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Zuppardo v. J. H. Invs., Inc. (Fla. 2d DCA 2020)
Authorities Cited
- Lawrence v. Hastings, 104 So. 2d 21 (Fla. 1958)
- McMULLEN OIL Co., Inc. v. ISS Int'l Serv. Sys., Inc., 698 So. 2d 372 (Fla. 2d DCA 1997)
- Bush Leasing, Inc. v. Gallo, 634 So. 2d 737 (Fla. 1st DCA 1994)
- Gulf Coast Transp., Inc. v. Eloisa Andrea Padron, 782 So. 2d 464 (Fla. 2d DCA 2001)
- Haas v. ROE, 696 So. 2d 1254 (Fla. 2d DCA 1997)