Trial court erred by finding offer of judgment was invalid because a “passing reference” in the complaint for equitable relief did not alter fact that claim for damages for retaliatory discharge was essentially one for damages. Faith Freight Forwarding Corp. v. Anias, 41 Fla. L. Weekly D2214 (Fla. 3d DCA Sept. 28, 2016) (correcting opinion reported at 41 Fla. L. Weekly D2096).
Judge of Compensation Claims erred by including in award for attorney’s fees time spent by claimant’s previous counsel because there was an order substituting counsel relieving previous counsel of all responsibility and there was no record evidence to support ten hours of work represented “hours of work between two attorneys of record” Cruz-Ramirez v. American Airlines, 41 Fla. L. Weekly D2257 (Fla. 1st DCA Oct. 4, 2016).
The Florida Supreme Court found that the Fifth District Court of Appeal’s decision in Omega Ins. Co. v. Johnson, 39 Fla. L. Weekly D1911 (Fla. 5th DCA Sept. 5, 2014) conflicted with its decision in Ivey v. Allstate Ins. Co., 774 So.2d 679, 683-84 (Fla. 2000), and held “that a recovery for attorney’s fees under section 627.428 requires an incorrect denial of benefits by the insurance company, not a bad faith denial.” Johnson v. Omega Ins. Co., 41 Fla. L. Weekly S415 (Fla. Sept. 29, 2016) (emphasis in original).
Trial court erred in denying motion for appellate attorney’s for the reason that plaintiff made a joint proposal for settlement to two defendants because prior case law holding such proposals were invalid were superseded by the addition of a provision to Florida Rule of Civil Procedure 1.442(c) in 2010 that specifically authorizes a joint proposal to two defendants where one of them is vicariously liable. Saterbo v. Markuson, 41 Fla. L. Weekly D2169 (Fla. 2d DCA Sept. 21, 2016).
Trial court properly denied motion for attorney’s fees per section 57.105, Florida Statutes because the issue of who is an “interested party” for purposes of seeking to remove a guardian varies with the facts of each case and the petition filed in this case, although denied, was not frivolous. St. Peter v. Osorio-Khor, 41 Fla. L. Weekly D1790 (Fla. 4th DCA Aug. 3, 2016).