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. HodsonOpinion
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.