07-6520 JACKSONVILLE GOLFAIR, INC. v. GARY S. GROVER, RITA GROVER and SYS-JAX, INC.

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State: Florida

Court: Florida First District Court

Docket No: 07-6520

Case Date: 08/21/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JACKSONVILLE GOLFAIR, INC., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED. v. CASE NO. 1D07-6520

GARY S. GROVER, RITA GROVER, and SYS-JAX, INC., Appellees. ______________________________/ Opinion filed August 21, 2008. An appeal from the Circuit Court for Duval County. Peter J. Fryefield, Judge. Don H. Lester of Lester & Mitchell, P.A., Jacksonville, for Appellant. James A. Bledsoe, Jr., of Bledsoe, Jacobson, Schmidt, Wright, Lang & Wilkinson, Jacksonville, for Appellees.

THOMAS, J. We review an order denying attorneys' fees sought under section 768.79, Florida Statutes (2000), and Florida Rule of Civil Procedure 1.442. We reverse, finding Appellant's Offer of Judgment is clear, unambiguous, and in compliance with section 768.79, Florida Statutes.

Facts During the property litigation below, Appellant filed an amended counterclaim containing five specific counts against husband and wife Appellees Gary and Rita Grover. Although the opening sentence of the amended counterclaim states that the five counts are against both Appellees Gary and Rita Grover, each individual count does not expressly name both Gary and Rita Grover. Additionally, some of the counts discuss the role and interests of Melton Harrell, a named co-defendant in the action. Appellant served a proposal for settlement on one of the named appellees, Gary Grover, which stated, in part: [Appellant] . . . without waiver of any other claims available to [it] under the law, hereby offers to completely settle all claims asserted by [it] against [Appellee] Gary Grover ("Grover") in Counts I-V of the Amended Counterclaim filed by [Appellant] . . . as well as all claims asserted by [Gary] Grover against [Appellant] . . . [for] the total sum of $500,000.00 (Five Hundred Thousand Dollars) in payment of [Appellant's] claims against Grover or by Grover consenting to judgment against him and in favor of [Appellant] in the total amount of $500,000.00 (Five Hundred Thousand Dollars). The offer amount . . . includes all taxable costs, attorneys' fees and any other charges or expenses associated with the instant litigation Counts I-V . . . . The party making this offer is [Appellant], and the offer is made to [Appellee] Gary Grover. Appellee Gary Grover did not accept the settlement proposal. After a bench trial, Appellant was awarded a final judgment totaling $809,290.69. Appellant filed a motion to recover attorneys' fees, which the trial court denied, finding that -2-

Appellant's settlement proposal was ambiguous about which claims would be settled upon acceptance. Appellant now asserts that the trial court erred. We agree, and reverse. The standard of review for a trial court's ruling on a motion to tax attorneys' fees and costs pursuant to the offer of judgment statute is de novo. Ambeca, Inc. v. Marina Cove Vill. Townhome Ass'n, Inc., 880 So. 2d 811, 812 (Fla. 1st DCA 2004). Section 768.79, Florida Statutes (2000), allows a party to recover its reasonable attorneys' fees and costs after an offer of settlement is rejected "[i]f a plaintiff files a demand for judgment which is not accepted by the defendant . . . and the plaintiff recovers a judgment in an amount at least 25 percent greater than the offer, she or he shall be entitled to recover reasonable costs and attorney's fees incurred . . . ."

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