GEICO GENERAL INSURANCE COMPANY
v.
PATRICK N. YVARS
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A party is not entitled to recover attorneys' fees under Florida Statute § 768.79(1) when the final judgment does not exceed the defendant's Proposal for Settlement by at least 25 percent.
[1] Under Florida Statute § 768.79(1), a party is entitled to recover attorneys' fees only when the judgment obtained is at least 25 percent greater than the opposing party's…
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Join FLexlaw to unlock all legal intelligenceGEICO appealed orders awarding attorneys' fees to Yvars following a prior appellate decision (GEICO I) that reversed and remanded for entry of a final…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2025-0364 Lower Tribunal No. 2020-CA-003972 _____________________________
GEICO GENERAL INSURANCE COMPANY, Appellant, v. PATRICK N. YVARS, Appellee. _____________________________
Appeal from the Circuit Court for Orange County. Heather Pinder Rodriguez, Judge.
December 19, 2025
PER CURIAM.
GEICO General Insurance Company seeks reversal of orders entered in favor of Patrick N. Yvars finding entitlement to, and awarding, attorneys’ fees. GEICO argues that this Court’s decision in GEICO General Insurance Company v. Yvars, 50 Fla. L. Weekly D2267 (Fla. 6th DCA Oct. 17, 2025) (“GEICO I”), mandates reversal of those orders. We agree. In GEICO I, this Court reversed and remanded for the trial court to enter an amended final judgment in Yvars’s favor in the amount of $20,000.00. Id. at D2267.
2
Because that amount is not “at least 25 percent greater than” Yvars’s $25,000.00 Proposal for Settlement, he is not entitled to recover attorneys’ fees. § 768.79(1), Fla. Stat. (2020). Accordingly, we reverse the orders finding entitlement to, and awarding, attorneys’ fees. REVERSED and REMANDED. WHITE, MIZE and KAMOUTSAS, JJ., concur.
Sharon C. Degnan, of Kubicki Draper, Orlando, for Appellant.
Brian J. Lee, of Morgan & Morgan, Jacksonville, for Appellee.