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Allstate Indemnity Co. v. Hingson

District Court of Appeal of Florida, Second District
Oct 11, 2000
774 So. 2d 44 (Fla. Dist. Ct. App. 2000)

Summary

affirming the trial court's denial of appellant's motion for attorney's fees because the offer of judgment served on plaintiffs had not differentiated between the amount offered for the husband's injuries in an automobile accident and the wife's resulting consortium claim

Summary of this case from Thompson v. Hodson

Opinion

Case No. 2D00-1107

Opinion filed October 11, 2000.

Appeal from nonfinal order of the Circuit Court for Lee County; Jay B. Rosman, Judge.

Bonita Kneeland Brown of Fowler, White, Gillen, Boggs, Villareal Banker, P.A., Tampa, for Appellant.

Associates and Bruce L. Scheiner, Fort Myers and Thomas M. Pflaum, Micanopy, for Appellees.


Appellant, Allstate Indemnity Company, challenges the trial court's denial of its motion for attorney's fees based on an offer of judgment under section 768.79, Florida Statutes (1995). We affirm.

Appellant, on November 12, 1996, served an offer of judgment on appellees, Solen Hingson and Annette Hingson, husband and wife. Appellant's offer was for $30,000 and was not differentiated between the amount offered for Mr. Hingson's injuries in an automobile accident and Mrs. Hingson's resulting consortium claim.

The trial judge denied appellant's motion for attorney's fees citing the policy considerations regarding undifferentiated offers of judgment enunciated in section 768.79, Florida Rule of Civil Procedure 1.442, and USAA v. Behar, 752 So.2d 663 (Fla. 2d DCA 2000). Even though Behar can be distinguished because appellant's offer was made prior to the latest amendment to rule 1.442, we nevertheless affirm on the authority of CS Chemicals, Inc. v. McDougald, 754 So.2d 795 (Fla. 2d DCA 2000). In doing so, we are in conflict with Herzog v. K-Mart, 760 So.2d 1006 (Fla. 4th DCA 2000).

Affirmed.

CAMPBELL, A.C.J., and FULMER and GREEN, JJ., Concur.


Summaries of

Allstate Indemnity Co. v. Hingson

District Court of Appeal of Florida, Second District
Oct 11, 2000
774 So. 2d 44 (Fla. Dist. Ct. App. 2000)

affirming the trial court's denial of appellant's motion for attorney's fees because the offer of judgment served on plaintiffs had not differentiated between the amount offered for the husband's injuries in an automobile accident and the wife's resulting consortium claim

Summary of this case from Thompson v. Hodson

applying amended version of Florida Rule of Civil Procedure 1.442(c) to an offer of settlement served prior to January 1, 1997

Summary of this case from Dudley v. McCormick
Case details for

Allstate Indemnity Co. v. Hingson

Case Details

Full title:ALLSTATE INDEMNITY COMPANY, Appellant, v. SOLEN HINGSON and ANNETTE…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 11, 2000

Citations

774 So. 2d 44 (Fla. Dist. Ct. App. 2000)

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Thompson v. Hodson

Therefore, any proposal from a single defendant directed to multiple plaintiffs must specifically apportion…

Dudley v. McCormick

Before the amendment to Florida Rule of Civil Procedure 1.442(c)(3) took effect, an offer of settlement made…