Audiffred v. Arnold
Annotate this CaseValerie Audiffred and her husband, Robert Kimmons, filed an action against Thomas Arnold that arose from an automobile collision. A settlement proposal was filed on behalf of Audiffred, which Arnold constructively rejected. After a trial, a verdict was entered against Arnold for Audiffred’s past medical expenses. The jury did not award anything to Kimmons for his loss of consortium claim. Audiffred and Kimmons subsequently filed a motion seeking an award of attorney’s fees pursuant to Fla. Stat. 768.79 and Fla. R. Civ. P. 1.442. Arnold moved to strike the settlement proposal, arguing that it was defective because it did not apportion the settlement amount between Audiffred and Kimmons. The trial court denied the motion to strike and awarded attorney’s fees. The district court reversed the award of attorney’s fees, concluding that the settlement offer constituted a joint proposal and that the proposal was invalid for failing to comply with the statute and rule. The Supreme Court affirmed, holding that when a single offeror submits a settlement proposal to a single offeree pursuant to section 768.79 and rule 1.442 and the offer resolves pending claims by or against additional parties who are neither offerors nor offerees, it constitutes a joint proposal that is subject to the apportionment requirement of the rule.
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