KNECHT PROPERTIES, LLC, ETC., APPELLANT,
v.
GERMANO CARREIRA, APPELLEE
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 the trial court erred in denying the plaintiff's motion for attorney's fees when the plaintiff obtained a judgment significantly greater than their settlement proposal and the proposal met statutory requirements.
Plaintiff served defendant with a settlement proposal of $40,000, which was not accepted. Plaintiff ultimately obtained a final judgment of $57,500. T…
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
Knecht Properties, LLC, the plaintiff below (“Knecht”), appeals from the trial court’s denial of its motion for attorney’s fees filed pursuant to section 768.79, Florida Statutes (2011), and Florida Rule of Civil Procedure 1.442. Knecht served Germano Carreira, the defendant below, with a settlement proposal in the amount of $40,000, which Carreira did not accept. Ultimately, Knecht obtained a final judgment in its favor in the amount of $57,500. We reverse the denial of Knecht’s motion for attorney’s fees because the record before us1 reflects that: (1) the judgment obtained by Knecht was at least twenty-five percent greater than the amount offered in the settlement proposal; (2) Knecht’s settlement proposal, on its face, complied with the requirements of section 768.79 and rule 1.442; and (3) in its written order,2 the trial court made no determination that Knecht’s offer was not made in good faith.
Reversed.