CHRISTOPHER DAVID WHITE, A MINOR, BY HIS NEXT FRIEND AND MOTHER, KAREN JOHNSON, AND KAREN JOHNSON, INDIVIDUALLY, APPELLANT,
v.
COWLES FLORIDA BROADCASTING, INC., AND SONNY BARRS, APPELLEES
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Trial court properly taxed costs against appellants under the offer of judgment rule where appellants rejected two settlement offers exceeding the eventual jury verdict, and the costs award including opposing counsel's out-of-state deposition travel expenses was not excessive.
Costs may be taxed against a party who rejects settlement offers exceeding the judgment ultimately obtained, including reasonable expenses incurred in preparing for trial such as opposing counsel's travel to depositions.
[1] Under the offer of judgment rule, costs including reasonable expenses incurred by opposing counsel in preparing for trial may be taxed against a party who rejects settlem…
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Join FLexlaw to unlock all legal intelligenceAppellants rejected two settlement offers from appellees that exceeded the amount eventually awarded by the jury. Appellees' counsel incurred travel e…
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PER CURIAM.
Appellants maintain on this appeal that the trial court abused its discretion in taxing costs against them pursuant to the offer of judgment rule, Fla.R.Civ.P. 1.442. They further urge that the amount of the costs awarded was excessive. We disagree and affirm on both points. Appellants’ first argument, that taxation of costs was unjustified because the offers by appellee were made to them jointly rather than individually, has recently been resolved in appellees’ favor by this court’s opinion in Tucker v. Shelby Mutual Insurance Co. of Shelby, Ohio, 343 So. 2d 1357 (Fla. 1st DCA 1977).
Appellants also contend, however, that the amount of the costs was excessive because it included the expense of appellees’ counsel’s air fare to an out-of-state deposition. The deposition was initiated by appellants’ counsel after appellants had refused two offers of judgment which exceeded the verdict eventually returned by the jury after trial. We believe that the purpose of Rule 1.442, to encourage settlements and eliminate the costs and delays of trials, would be affronted by reversing the cost award to appellees in these circumstances.. Appellees made two good faith attempts at settlement and appellants chose to reject those attempts. There was no abuse of discretion in requiring appellees to bear the costs of that choice.
The judgment is AFFIRMED.
McCORD, Acting C. J., MILLS and ERVIN, JJ., concur.
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Citator
Cited By
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Robert Collins, D.O. v. Holland, 409 So. 2d 1097 (Fla. 3d DCA 1982)…. 3d DCA 1965); § 57.041, Fla.Stat. (1979). To penalize a successful litigant for accepting an offer of judgment would controvert the purpose of Florida Rule of Civil Procedure 1.442, favoring settlements. White v. Cowles Florida Broadcasting, Inc., 361 So. 2d 821 (Fla. 1st DCA 1979). Reversed and remanded for further proceedings.…
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Long v. Mrs. Barbara M. Martin, 410 So. 2d 607 (Fla. 5th DCA 1982)…CA [*609] 1979); Aetna Life Ins. Co. v. Sievert, 361 So. 2d 747 (Fla. 1st DCA 1978). Counsel’s travel expenses in general are not taxable. Butler v. Borowsky, 120 So. 2d 656 (Fla.3d DCA 1960). Appellee points to White v. Cowles Florida Broadcasting, 361 So. 2d 821 (Fla. 1st DCA 1978), as a holding that travel expenses are properly taxable, but this case dealt with Rule 1.442, the “offer of judgment” rule, not 1.420(d), and is thus distinguishable. In White, defendants had twice made offer of judgment, and the…
Authorities Cited
- Tucker v. Shelby Mut. Ins. Co. OF Shelby, 343 So. 2d 1357 (Fla. 1st DCA 1977)