IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

Similar documents
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

v. CASE NO.: CVA Lower Court Case No.: 2004-SC-1811-O

ORDER REVERSING FINAL JUDGMENT AND DENYING APPELLEE=S MOTION FOR COUNSEL FEES

FINAL ORDER REVERSING IN PART AND AFFIRMING IN PART TRIAL COURT

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

FINAL ORDER AFFIRMING TRIAL COURT. Appellant Regional MRI of Orlando seeks review of the trial court s decision precluding it

CASE NO. 1D Anthony J. Russo of Butler Pappas Weihmuller Katz Craig LLP, Tampa, for Appellant.

FINAL ORDER AFFIRMING TRIAL COURT. Appellant, Auto Glass Store, LLC d/b/a 800 A1 Glass, LLC ( Auto Glass ), timely

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. Lower Case No.: 2008-SC O

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

v TR A-O 2012-TR A-O

FINAL ORDER AFFIRMING TRIAL COURT in favor of Appellee, Silver Glen Homeowners Association, Inc. ( Sliver Glen ). This

Appellant, CASE NO.: CVA v. Lower Court Case No.: 2007-SC-9229

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

Appellant, the State of Florida (herein State ) appeals the trial court s Order Granting

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

FINAL ORDER DENYING PETITION FOR WRIT OF CERTIORARI. Sherri Hamadeh-Gossweiler ( Petitioner ) timely filed this petition seeking certiorari

v. CASE NO.: CVA Lower Court Case No.: 2005-SC O

FINAL ORDER REVERSING TRIAL COURT. The State of Florida (herein State ) appeals the trial court s Order on Defendant s

v. CASE NO.: 2007-CA O Writ No.: STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, DIVISION OF DRIVER LICENSES,

IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA

FINAL ORDER REVERSING TRIAL COURT. Appellant, I.C.C. General Contractors, ( ICC ) timely appeals the trial court s Order on

Case No.: 2008-CA O

KEON ROUSE, CASE NO.: CVA LOWER COURT CASE NO.:

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT. Appellant, v. Case No. 4D L.T. No.: MM000530A STATE OF FLORIDA,

IN THE SUPREME COURT OF THE STATE OF FLORIDA TALLAHASSEE, FLORIDA

ORDER GRANTING PETITION FOR WRIT OF CERTIORARI. Petitioners seek certiorari review of a non-final order of possession removing

CASE NO.: 2014-CV A-O Lower Case No.: 2013-SC O

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

FINAL ORDER DENYING PETITION FOR WRIT OF CERTIORARI. Petitioner, Jennifer Loman ( Loman or Petitioner ) seeks certiorari review of the

v. CASE NO.: CVA Lower Court Case No.: 2006-SC O

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

FINAL ORDER DENYING PETITION FOR WRIT OF CERTIORARI. Petitioner, John Bougon ( Bougon or Petitioner ) seeks certiorari review of the

FINAL ORDER AND OPINION AFFIRMING IN PART AND REVERSING IN PART TRIAL COURT S DISMISSAL OF RED LIGHT CAMERA CITATIONS

FINAL ORDER GRANTING PETITION FOR WRIT OF CERTIORARI. Florida Department of Highway Safety and Motor Vehicles (the Department) Final

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

FINAL ORDER GRANTING PETITION FOR WRIT OF CERTIORARI. Petitioner Timothy O Shaughnessy (Petitioner) timely filed this petition seeking

SECURITY FIRST ALARM, INC., CASE NO.: 2012-CV-59-A-O

IN THE SUPREME COURT OF FLORIDA CASE NO. SC L.T. CASE NOS. 5D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

v. CASE NO.: 2007-CA-5882-O Writ No.: STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, DIVISION OF DRIVER LICENSES,

v. CASE NO.: 2007-CA O STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY WRIT NO.: AND MOTOR VEHICLES, Respondent. /

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

Third District Court of Appeal State of Florida

IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA. August 8, 2007

FINAL ORDER GRANTING PETITION FOR WRIT OF CERTIORARI. Petitioner Mark Uiselli (Petitioner) timely filed this petition seeking certiorari review of

IN THE SUPREME COURT STATE OF FLORIDA. CASE NO. SC08- Fourth District Court of Appeal Case No. 4D JAN DANZIGER, Petitioner,

Petitioner, WRIT NO.: 07-16

FINAL ORDER REVERSING TRIAL COURT. Eviction entered June 2, 2014 in favor of Appellees, Herbert and Joann Greene ( the

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. Lower Case No.: 2012-TR A-W

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D10-869

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

FINAL ORDER DENYING PETITION FOR WRIT OF CERTIORARI. the Florida Department of Highway Safety and Motor Vehicles ( Department ) Final

JOANNE HUNT, Petitioner, CASE NO.: 2010-CA O v. WRIT NO.: 10-76

Appellants, CASE NO.: CVA v. Lower Court Case No.: 2007-CC-3656

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE SUPREME COURT OF FLORIDA. L.T. No. 1D

WRIT NO.: FINAL ORDER GRANTING PETITION FOR WRIT OF CERTIORARI. Petitioner Dean Tasman ( Tasman ) timely petitions this Court for a Writ of

WRIT NO.: WRIT NO: 07-06

FINAL ORDER DENYING PETITION FOR WRIT OF CERTIORARI. Safety and Motor Vehicles ( Department ) final order sustaining the suspension of his driver

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA

IN Tl le SUPREME COURT FOR THE STATE OF FLORIDA. CASE NO. SCl3-153 L. T. CASR NOS.; 4DI J-4801, CA COCE

v. CASE NO.: 2009-CA-4217-O WRIT NO.: STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES,

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. CASE NO.: 5D

FINAL ORDER REVERSING TRIAL COURT. The State of Florida appeals an order granting Appellee Justin Robinson s pretrial motion

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. Lower Case No.: 2012-TR A-E

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA Case No. SC

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC L.T. NO. 1D STATE OF FLORIDA,

Third District Court of Appeal State of Florida, July Term, A.D. 2009

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE SUPREME COURT OF FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

~/

IN THE SUPREME COURT OF FLORIDA

FINAL ORDER REVERSING TRIAL COURT S FINAL JUDGMENT. Appellant, Hiawassee Orlando, LLC ( Hiawassee ) timely appeals the trial court s

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D

v. CASE NO.: 2009-CA O WRIT NO.: STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES,

FINAL ORDER REVERSING TRIAL COURT. The State of Florida appeals the trial court s final order granting Gary Paul Summers s

IN THE SUPREME COURT STATE OF FLORIDA RESPONDENT S BRIEF ON JURISDICTION

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

Supreme Court of Florida

v. CASE NO.: CVA Lower Court Case No.: 06-CC-13325

IN THE SUPREME COURT OF FLORIDA. Case No. SC Third DCA Case Nos. 3D / 3D L.T. Case No CA 15

IN THE SUPREME COURT OF FLORIDA CASE NO. SC JUDY RODRIGO, Petitioner, vs. STATE FARM FLORIDA INSURANCE COMPANY, Respondent.

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA. Appellant, v. Case No. 5D Appellant, Case No. 5D Appellant, Case No.

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC: 4 th DCA CASE NO: 4D STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT,

Transcription:

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA First Floridian Auto and Home Insurance Company, Appellant, CASE NO.: 2015-CV-98-A-O Lower Court Case No.: 2010-SC-9405-O v. Altamonte Springs Diagnostic Imaging, Inc., d/b/a Mid Florida Imaging a/a/o Jose Vazquez, Appellee. / Appeal from the County Court, for Orange County, Florida, Andrew L. Cameron, County Judge. David B. Kampf, Esq., and Sarah M. Sorgie, Esq., for Appellant. Robert W. Morris, Esq., and Crystal L. Eiffert, Esq., for Appellee. Before SHEA, MUNYON, and J. KEST, J.J. PER CURIAM. Appellant, First Floridian Auto and Home Insurance Co., seeks review of the trial court s order denying its motion for attorney s fees under Florida Statute section 768.79(1) and Florida Rule of Civil Procedure 1.442. This Court has jurisdiction. 26.012(1), Fla. Stat. (2015); Fla. R. App. P. 9.030(c)(1)(A). We deny the request for oral argument. Fla. R. App. P. 9.320. Because the trial court applied the wrong standard in evaluating whether First Floridian s nominal proposal for settlement was made in good faith so as to permit an award of attorney s fees, we reverse.

On December 21, 2010, Altamonte Springs Diagnostic Imaging, Inc., sued First Floridian for additional PIP benefits allegedly due to Jose Vazquez, who assigned his benefits to Altamonte Springs Diagnostic. In April 2011, Mr. Vazquez s PIP benefits were exhausted. On November 17, 2011, First Floridian sent Altamonte Springs Diagnostic a proposal for settlement for one dollar. Altamonte Springs Diagnostic did not accept the proposal. First Floridian did not inform Altamonte Springs Diagnostic that Mr. Vazquez s PIP benefits were exhausted until March 2012. The trial court entered judgment on the merits for First Floridian because the benefits were exhausted, and First Floridian then moved for an award of attorney s fees under Florida s proposal for settlement law. At the hearing on the motion for attorney s fees, Altamonte Springs Diagnostic argued that the trial court should evaluate the nominal proposal for settlement under the Third District Court of Appeals standard, which is different from the Fifth District s standard. The trial court applied the Third District s standard and denied the motion. First Floridian then moved for rehearing. The trial court granted the motion for rehearing and again denied the motion for attorney s fees, this time citing the Fifth District s standard. The trial court s order granting rehearing and once again denying the motion stated that the proposal was not served in good faith because First Floridian did not have a reasonable basis to conclude that it would prevail. First Floridian appeals the trial court s denial of its motion. The standard of review of a trial court s decision regarding whether a proposal for settlement was made in good faith is abuse of discretion. Gurney v. State Farm Mut. Auto., 889 So. 2d 97, 99 (Fla. 5th DCA 2004). In determining whether a proposal for settlement is made in good faith, the court looks at whether it bears a reasonable relationship to the amount of damages suffered and was a realistic assessment of liability. Gurney v. State Farm Mut. Auto., 889 So. 2d 97, 99 (Fla. 5th DCA 2004) Page 2 of 5

(quoting Nants v. Griffin, 783 So. 2d 363, 364-65 (Fla. 5th DCA 2001)). When the proposal for settlement is nominal, whether it was made in good faith depends on the facts and circumstances when the offer was made. Id. If the offeror had a reasonable basis to conclude that its exposure was nominal[,] then a nominal proposal can be one made in good faith. Id. (quoting Nants v. Griffin, 783 So. 2d at 364-65 (emphasis added)). In the order denying First Floridian s motion for attorney s fees, the trial court stated that First Floridian did not have a reasonable basis to conclude that it would prevail in the current matter on that argument. (R. 604 (emphasis added).) This is not the standard for judging the good faith basis of nominal offers set forth in Gurney. In Citizens Property Insurance Corp. v. Perez, 164 So. 3d 1, 3 (Fla. 4th DCA 2014), the trial court applied a different standard than Gurney in evaluating a nominal proposal for settlement for good faith: whether the record conclusively established no liability. The Fourth District reversed the trial court s denial of the motion for attorney s fees, holding that the trial court should have applied the Gurney standard. Id. The court explained that the no liability standard was too high; instead, the offeror must only demonstrate that its exposure was nominal. Id. The standard that First Floridian must have a reasonable basis to believe that it would prevail is equivalent to the no liability standard described and rejected in Citizens Property, as prevail in this situation means no liability. Thus, the trial court abused its discretion by applying the wrong standard in evaluating whether First Floridian s nominal proposal for Page 3 of 5

settlement was served in good faith. Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Order on Defendant s Amended Motion for Rehearing/Reconsideration/and for Clarification, entered on July 28, 2015, is REVERSED and this matter is REMANDED for the trial court to apply the appropriate standard in determining whether First Floridian s nominal proposal for settlement was served in good faith. 2. Appellant s Amended Motion for Appellate Fees and Costs, filed on June 20, 2016, is GRANTED, contingent on First Floridian demonstrating that it fulfilled the requirements in Florida Statute section 768.79 and Florida Rule of Civil Procedure 1.442. The determination of whether those requirements were fulfilled and the assessment of those fees is REMANDED to the trial court. As for costs, First Floridian must file a proper motion with the trial court pursuant to Florida Rule of Appellate Procedure 9.400(a). 3. Appellee s Motion for Entitlement to Attorneys Fees Pursuant to Section 57.105, Florida Statutes and Florida Rule of Appellate Procedure 9.410, filed on June 1, 2016, is DENIED. DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida, on this 25th day of July, 2016. /S/ TIMOTHY SHEA Presiding Circuit Judge MUNYON and J. KEST, J.J., concur. Page 4 of 5

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been furnished to: The Honorable Andrew L. Cameron, Orange County Judge, Orange County Courthouse, 425 N. Orange Ave., Orlando, FL 32801; David B. Kampf, Esq., and Sarah M. Sorgie, Esq., Ramey & Kampf, P.A., 400 N. Ashley Dr., Ste. 1700, Tampa, FL 33602; and Robert W. Morris, Esq., and Crystal L. Eiffert, Esq., Eiffert & Associates, P.A., 1199 N. Orange Ave., Orlando, FL 32804; on this 25th day of July, 2016. /S/ Judicial Assistant Page 5 of 5