Jason Baruch: October 2009 Archives

In this personal injury case, the trial court denied plaintiff's motion for attorneys' fees pursuant to an offer of judgment because it did not include a certificate of service, although it was accompanied by a “Notice of Service of Proposal for Settlement" that did in fact include a proper certificate of service.  Citing Campbell v. Goldman, 959 So. 2d 223 (Fla. 2007), the appellate court held that proposals for settlement are in derogation of the common law and therefore must be strictly construed.  Because Rule 1.442 requires that the proposal itself contain a certificate of service, the order denying the fee award was affirmed.

Jose Milton vs. John Reyes, 34 Fla. L. Wkly D2050a (Fla 3d DCA Oct. 7, 2009)

In this non-compete case, an employer obtained an injunction against its former employee and her new employer for aiding and abetting a breach of a restrictive covenant.  The trial court taxed attorneys' fees against the new employer under Section 542.335(1)(k), Fla. Stat.  The appellate court reversed, holding that the statute authorized a fee award only against the party to the restrictive covenant (the former employee).  Because there was no independent contractual or statutory basis to award fees against the new employer, the fee award was invalid.

Bauer v. Dilib et al., 2009 WL 2949296 (Fla. 4th DCA Sept. 16, 2009)