Civil Litigation

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Hilyer Sod, Inc. v. Willis Shaw Express, Inc.

27 Fla. L. Weekly D1469 (Fla. 1st DCA June 28, 2002)

The first District Court of Appeals found that if multiple plaintiffs make a joint proposal and fail to apportion the damages, the defendant cannot be held responsible for payment of attorney fees and costs, pursuant to section 768.79, Florida Statutes (1999), if the settlement offer was at least 25% less than the actual recovery. The court relied on the Second District

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