GEICO GENERAL INSURANCE COMPANY
v.
PATRICK N. YVARS

Fla. 6th DCA | 2025-12-19
No. 2025-0364
Rodriguez, J., White, J., Mize, J., Kamoutsas, J.
2025 FL 12313 Florida District Court of Appeal, Sixth District (2025)

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Holding

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.


Headnotes

[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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Facts & Procedural History

GEICO 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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Per_curiam
Per Curiam

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.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF TIMELY FILED


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