Parliament Ins. Co. v. That Girl in Miami, Inc., 377 So. 2d 1011 (Fla. 3d DCA 1979). · Go Syfert
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Parliament Ins. Co. v. That Girl in Miami, Inc., 377 So. 2d 1011 (Fla. 3d DCA 1979). Cases Citing This Book View Copy Cite
21 citation events across 5 distinct courts.
Strongest positive: WIMBLEDON TOWNHOUSE CONDO. 1 ASS'N, INC. v. Kessler (fladistctapp, 1982-12-08)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) WIMBLEDON TOWNHOUSE CONDO. 1 ASS'N, INC. v. Kessler
Fla. Dist. Ct. App. · 1982 · confidence medium
The following statement appears in That Girl In Miami, Inc., a short, per curiam opinion: If an insurance company wants to make an offer of settlement which includes attorney's fees, it should do so. 377 So.2d at 1011 (emphasis original).
discussed Cited "see" Seminole Colony, Inc. v. Stanko
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Parliament Insurance Co. v. That Girl In Miami, Inc., 377 So.2d 1011 (Fla. 3d DCA 1979), the court stating that had the insurance company intended to avoid or limit their obligation to pay attorney’s fees under an applicable statute, then the offer of judgment tendered by it and accepted by the insured should have said so.
discussed Cited "see, e.g." Godbey v. Walsh
Fla. Dist. Ct. App. · 1988 · signal: see also · confidence low
See also Parliament Insurance Company v. That Girl In Miami, Inc., 377 So.2d 1011 (Fla. 3d DCA 1979), which was cited in Encompass and held that if a litigant “wants to make an offer of settlement which includes attorney’s fees, it should do so.” We conclude that an offer of judgment means an offer to have the court enter a judgment for damages sought by the complaint and does not include costs or attorney fees unless specified.
Retrieving the full opinion text from the archive…
PARLIAMENT INSURANCE COMPANY, a Foreign Corporation, Appellant,
v.
THAT GIRL IN MIAMI, INC., a Florida Corporation, Appellee.
79-763.
District Court of Appeal of Florida, Third District.
Dec 18, 1979.
377 So. 2d 1011
Hendry, Barkdull and Schwartz.
Cited by 13 opinions  |  Published

Jesse W. Miller, North Miami, for appellant.

Stabinski, Funt, Levine & Vega and Regina F. Zelonker, Miami, for appellee.

Before HENDRY, BARKDULL and SCHWARTZ, JJ.

PER CURIAM.

After an insurance company was sued by its insured, immediately prior to trial it made an offer of judgment pursuant to Rule 1.442, R.C.P., which was accepted and a judgment was entered in accordance with the offer. The insured then moved for and received attorney's fees pursuant to Section 627.428, Florida Statutes (1975), and the company appealed contending that because of the offer for judgment it had no liability for attorney's fees. We disagree.

The effect of the judgment was res adjudicata on the issues. Hay v. Sailsbury, 92 Fla. 446, 109 So. 617 (1926). If an insurance company wants to make an offer of settlement which includes attorney's fees, it should do so. In this connection, see: Hernandez v. Travelers Insurance Company, 331 So.2d 329 (Fla. 3d DCA 1976). In the instant case the insured recovered a judgment against his insurer on a policy. Therefore, pursuant to the terms of Section 627.428(1), Florida Statutes (1975), it is provided that in such instance the insured is entitled to attorney's fees.

The order under review is affirmed.