R.T.G. Furniture Corp. v. Coates

93 So. 3d 1151, 2012 WL 3101309, 2012 Fla. App. LEXIS 12529
CourtDistrict Court of Appeal of Florida
DecidedAugust 1, 2012
DocketNo. 4D11-2399
StatusPublished
Cited by10 cases

This text of 93 So. 3d 1151 (R.T.G. Furniture Corp. v. Coates) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
R.T.G. Furniture Corp. v. Coates, 93 So. 3d 1151, 2012 WL 3101309, 2012 Fla. App. LEXIS 12529 (Fla. Ct. App. 2012).

Opinion

TAYLOR, J.

R.T.G. Furniture Corporation (“RTG”) appeals a final order denying its motion for entitlement to attorney’s fees pursuant to a proposal for settlement. The trial court ruled that RTG’s proposal for settlement was one day late under Florida Rule of Civil Procedure 1.442. We reverse and hold that the proposal for settlement was timely served “45 days before” the date set for trial within the meaning of rule 1.442(b). Therefore, the trial court erred in denying RTG’s motion for entitlement to attorney’s fees.

By way of background, the appellees, Franklin and Lorie Coates, sued RTG for negligence and loss of consortium after a shelf installed in the appellees’ home by RTG employees fell and struck Mr. Coates on the head. On January 28, 2011, which was the 45th day before the trial start date of March 14, 2011, RTG served a proposal for settlement on Mr. Coates. Mr. Coates did not accept the proposal. Following a trial, the jury returned a verdict in favor of RTG, and the trial court entered final judgment for RTG. RTG then filed a motion for entitlement to attorney’s fees and costs.

The trial court held a hearing, at which the court considered only the issue of entitlement. The hearing focused upon the meaning of rule 1.442(b), which provides in pertinent part: “No proposal shall be served later than 45 days before the date set for trial or the first day of the docket on which the case is set for trial, whichever is earlier.”

After hearing argument from the parties, the trial court ultimately ruled that the proposal for settlement was untimely. The trial court’s reasoning can be summarized as follows: (1) the 45 days had to be counted forward from the date of service of the proposal, rather than backwards from the date of trial; (2) the date of service could not be counted in calculating the 45 days, (3) the trial in this case began on the 45th day after the proposal was served, and (4) in order for the proposal to be timely, the 45th day had to be the day before the start of trial.

The trial court thus concluded that the January 28 proposal for settlement was one day short of being timely under rule 1.442 and that RTG was not entitled to attorneys’ fees based on the proposal. The trial court did, however, grant RTG’s motion for costs.

The trial court subsequently entered an order denying RTG’s motion for attorney’s fees based on the January 28 proposal for settlement. The order stated in pertinent part: “Granted as to Defendant RTG[’s] motion for entitlement for fees [sic].1 Denied as [to] Defendant RTG[’s] Jan. 28, 2011 Proposal for Settlement.” This appeal follows.

On appeal, RTG argues that the plain language of rule 1.442 permits proposals for settlement to be served on the 45th day before the date set for trial. RTG thus argues that the trial court erred in determining that the January 28 proposal for settlement was not timely served under rule 1.442 where it was served on the 45th day before the start of trial.

The appellees respond that because rule 1.442 must be strictly construed, the rule should be interpreted as meaning that 45 [1153]*1153days must elapse between the date of service and the trial date. The appellees assert that rule 1.090(a) and the definition of “before” in Black’s Law Dictionary both contemplate that the day upon which the first act is done — service of the proposal— is to be excluded from the computation of the 45 days. The appellees maintain that “counting backwards” from the trial date is improper and that the trial court correctly denied RTG’s motion for attorney’s fees pursuant to the proposal for settlement.

The standard of review of a trial court’s interpretation of the rules of civil procedure is de novo. Saia Motor Freight Line, Inc. v. Reid, 930 So.2d 598, 599 (Fla.2006). “It is well settled that the Florida Rules of Civil Procedure are construed in accordance with the principles of statutory construction.” Id. When the language at issue is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to the rules of statutory interpretation and construction. See Holly v. Auld, 450 So.2d 217, 219 (Fla.1984). Rather, the court must give unambiguous language its plain and ordinary meaning, unless it leads to a result that is either unreasonable or clearly contrary to legislative intent. Tillman v. State, 934 So.2d 1263, 1269 (Fla.2006), superseded by statute on other grounds as stated in Motes v. State, 37 So.3d 301 (Fla. 4th DCA 2010); Green v. State, 604 So.2d 471, 473 (Fla.1992). When necessary, the plain and ordinary meaning of text may be discerned by reference to a dictionary. W. Fla. Reg’l Med. Ctr., Inc. v. See, 79 So.3d 1, 9 (Fla.2012); Rollins v. Pizzarelli, 761 So.2d 294, 297-98 (Fla.2000).

Text is ambiguous only if reasonable people could find different meanings from the same language. See Blanton v. City of Pinellas Park, 887 So.2d 1224, 1230 (Fla. 2004). When language is ambiguous, a court may turn to rules of construction. See Samples v. Fla. Birth-Related Neurological, 40 So.3d 18, 21 (Fla. 5th DCA 2010). One such rule of construction is that the language of rule 1.442 must be strictly construed because it is in derogation of the common law rule that each party must pay its own fees. See Willis Shaw Exp., Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla.2003).

As stated above, rule 1.442(b) restricts service of a proposal for settlement to no “later than 45 days before the date set for trial or the first day of the docket on which the case is set for trial, whichever is earlier.” Fla. R. Civ. P. 1.442(b); see also Kroener v. Fla. Ins. Guar. Ass’n, 63 So.3d 914, 918 (Fla. 4th DCA 2011). Accordingly, when this case is boiled down to its essence, this court is called upon to interpret the phrase “no ... later than 45 days before the date set for trial....”

The phrase “no later than” is equivalent to “on or before” and “conveys an important nuance” in legal writing. See Bryan A. Garner, A Dictionary of Modern Legal Usage (2d ed. 1995). “It is not equivalent to before, which does not include the date specified.” Id.

RTG relies upon this definition of “no later than” as set forth in the Dictionary of Modern Legal Usage, but this definition alone does not answer the relevant question. The relevant question is how to count “45 days before the date set for trial” for purposes of determining the deadline to serve a proposal for settlement under rule 1.442(b). In other words, we must still decide whether the proposal in this case was served “45 days before the date set for trial.”

The term “before” means “prior to” or “preceding.” See, e.g., Black’s Law Dictionary 125 (2d ed. 1910). Although the current Black’s Law Dictionary no longer [1154]*1154contains a definition of “before,” earlier versions of Black’s Law Dictionary stated the following under the definition of “before”:

[W]here an act is required to be done a certain number of days or weeks before a certain other day upon which another act is to be done, the day upon which the first act is to be done must be excluded from the computation, and the whole number of the days or weeks must intervene before the day fixed for doing the second act.

Id. at 125 (citing Ward v. Walters, 63 Wis. 39, 22 N.W. 844 (1885)).

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Cite This Page — Counsel Stack

Bluebook (online)
93 So. 3d 1151, 2012 WL 3101309, 2012 Fla. App. LEXIS 12529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rtg-furniture-corp-v-coates-fladistctapp-2012.