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Crowley's Concrete, Inc. v. Gathercole

District Court of Appeal of Florida, First District.
May 27, 2015
163 So. 3d 1283 (Fla. Dist. Ct. App. 2015)

Opinion

No. 1D14–1116.

05-27-2015

CROWLEY'S CONCRETE, INC. and Kelly Malone, Appellants, v. Edward GATHERCOLE, Appellee.

Rhonda B. Boggess and Gina P. Grimsley, Jacksonville, for Appellants. John S. Mills and Andrew D. Manko, The Mills Firm, P.A., Tallahassee, for Appellee.


Rhonda B. Boggess and Gina P. Grimsley, Jacksonville, for Appellants.

John S. Mills and Andrew D. Manko, The Mills Firm, P.A., Tallahassee, for Appellee.

Opinion

PER CURIAM.

We affirm the trial court's judgment on all issues raised in the appeal and the cross-appeal, without discussion.

Appellee's motion for appellate attorney's fees is granted, conditioned upon the trial court's determination that the actual proposals for settlement to each defendant complied with the requirements of section 768.79, Florida Statutes, and rule 1.442, Florida Rules of Civil Procedure. The trial court is the appropriate forum for the presentation of any argument regarding the propriety of the proposals and the monetary values of the proposals as compared to the judgment obtained. Accordingly, the case is remanded for determination of Appellee's appellate attorney's fees, as conditioned. See Rudolph v. Gray, Harris & Robinson, P.A., 901 So.2d 423 (Fla. 5th DCA 2005).

MARSTILLER and SWANSON, JJ., and CALOCA–JOHNSON, DAWN, Associate Judge, concur.


Summaries of

Crowley's Concrete, Inc. v. Gathercole

District Court of Appeal of Florida, First District.
May 27, 2015
163 So. 3d 1283 (Fla. Dist. Ct. App. 2015)
Case details for

Crowley's Concrete, Inc. v. Gathercole

Case Details

Full title:CROWLEY'S CONCRETE, INC. and Kelly Malone, Appellants, v. Edward…

Court:District Court of Appeal of Florida, First District.

Date published: May 27, 2015

Citations

163 So. 3d 1283 (Fla. Dist. Ct. App. 2015)