Traynor v. Delmonico
This text of 35 So. 3d 93 (Traynor v. Delmonico) 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.
Opinion
The issue is whether appellants, the defendants below, can recover attorney’s fees based upon proposals of settlement conditioned upon acceptance of both plaintiffs. The trial court found the proposals invalid, relying on Attorneys’ Title Insurance Fund, Inc. v. Gorka, 989 So.2d 1210 (Fla. 2d DCA 2008). While this appeal was pending, the supreme court approved the Second District’s decision, holding that “a joint offer of settlement or judgment that is conditioned on the mutual acceptance of all of the joint offerees ... is invalid and unenforceable because it is conditioned such that neither offeree can independently evaluate or settle his or her respective claim by accepting the proposal.” Attorneys’ Title Ins. Fund, Inc. v. Gorka, — So.3d - (Fla.2010). Pursuant to Gorka, we affirm the order denying appellants’ motion for attorney’s fees.
Affirmed.
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Cite This Page — Counsel Stack
35 So. 3d 93, 2010 Fla. App. LEXIS 6546, 2010 WL 1881099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/traynor-v-delmonico-fladistctapp-2010.