At page 278 Apportionment requirements for multiple offerors in settlement offers72 citing cases“a strict construction of the plain language of rule 1.442(c)(3) requires that offers of judgment made by multiple offerors must apportion the amounts attributable to each offeror.”
- R.J. Reynolds Tobacco v. Ward, 141 So. 3d 236 (Fla. 1st DCA 2014).published (Section 768.79, Florida Statutes (1999) (“ ‘Offer of judgment and demand for judgment’ ”), provides a sanction against a party who unreasonably rejects a settlement offer.)
- Wolfe v. Culpepper Constructors, Inc., 104 So. 3d 1132 (Fla. 2d DCA 2012).published (A strict construction of the plain language of rule 1.442(c)(3) requires that offers of judgment made by multiple offerors must apportion the amounts attributable to each offeror)
- Trace Elements, Inc. v. Nadja MacKensen, No. SC2024-1274 (Fla. July 2, 2026).published Recall that the text of rule 1.442(c)(3) says that “[a] joint proposal must state the amount and terms attributable to each party.” In Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So. 2d 276, 278-79 (Fla. 2003), our Court held that t…
- Watkins v. Corbett, Corbett, No. 2D2025-0214 (Fla. 2d DCA Mar. 25, 2026).publishedSee § 768.79, Fla. Stat. (2023); Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So. 2d 276, 278 (Fla. 2003); Cobb v. Durando, 111 So. 3d 277, 278 (Fla. 2d DCA 2013).
- Stevens, Stevens v. Florida Peninsula Ins. Co., 423 So. 3d 459 (Fla. 2d DCA 2025).publishedIn Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So. 2d 276, 278 (Fla. 2003), the Florida Supreme Court held that section 768.79 and rule 1.442 "must be strictly construed because the offer of judgment statute and rule are in derogati…
- City of Sarasota, Officer Juan Jaimes v. Est. of John Kaafi, Soucy, 392 So. 3d 288 (Fla. 2d DCA 2024).published“Section 768.79 is implemented by Florida Rule of Civil Procedure 1.442 ('Proposals for Settlement')”
- Royal Palm Vill. Residents, Inc. v. Monica Slider, 57 F.4th 960 (11th Cir. 2023).publishedThe common-law rule in Florida, as elsewhere, is that “each party pay[s] its own [attorneys’] fees.” Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So. 2d 276, 278 (Fla. 2003).
- Royal Palm Vill. Residents, Inc. v. Slider, No. 8:19-cv-00874 (M.D. Fla. Sept. 29, 2021).(stating same)
- Fonseca v. Wal-Mart Stores, East, LP, No. 0:18-cv-62768 (S.D. Fla. Sept. 2, 2020).“must be strictly construed because the offer of judgment statute and rule are in derogation of the common law rule that each party pay its own fees”
- O'Steen v. Lafayette State Bank, No. 3:18-cv-00369 (M.D. Fla. Nov. 14, 2019).(holding language of statute must be strictly construed where it is in derogation of common law rule that each party pays its own fees)
Show 60 more citing cases
- Old Dominion Ins. Co. v. Joseph Tipton, 269 So. 3d 653 (Fla. 2d DCA 2019).publishedHowever, also I think there's some element of it's stricken from the record rightly or wrongly, it's not there." The court acknowledged that "had the proposal for settlement not been stricken, I would be considering that for fees." Rule 1.…
- Marshall Cassedy, Jr. v. Monique Wood, Nikki Clark & Darcy Cavell, 263 So. 3d 300 (Fla. 1st DCA 2019).publishedBecause the statute is “in derogation of the common law rule that each party pay its own fees,” it “must be strictly construed.” Tierra Holdings, 78 So. 3d at 563 (quoting Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So. 2d 276, 278…
- Atl. Civil v. Swift III, 271 So. 3d 21 (Fla. 3d DCA 2018).publishedWillis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So. 2d 276, 278 (Fla. 2003); see, e.g., Audiffred v. Arnold, 161 So. 3d 1274, 1279 (Fla. 2015) (applying “the required strict construction of the rule and the statute” in finding that the…
- Pacheco v. Gonzalez, 254 So. 3d 527 (Fla. 3d DCA 2018).published“are in derogation of the common law rule that each party pay its own fees”
- Nationstar Mortg. LLC v. Glass, 219 So. 3d 896 (Fla. 4th DCA 2017).publishedSand Lake Hills Homeowners Ass’n, Inc. v. Busch, 210 So.3d 706, 709 (Fla. 5th DCA 2017) (citing Willis Shaw Exp., Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla. 2003)).
- Boatright v. Philip Morris USA, Inc., 218 So. 3d 962 (Fla. 2d DCA 2017).published See Diamond Aircraft Indus., Inc. v. Horowitch, 107 So. 3d 362, 377 (Fla. 2013); Campbell v. Goldman, 959 So. 2d 223, 226 (Fla. 2007) (citing Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So. 2d 276, 278 (Fla. 2003)).
- Susanne L. Kuhajda v. Borden Dairy Co. of Alabama, LLC., 202 So. 3d 391 (Fla. 2016).published (stating that section 768.79 and rule 1.442 were to be strictly construed because they are in derogation of the common law rule that each party should pay its own fees)
- Florida Cmty. Bank, N.A. v. Red Road Residential, LLC, 197 So. 3d 1112 (Fla. 3d DCA 2016).publishedWillis Shaw Express Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla.2003).
- Manuel Diaz Farms, Inc. v. Delgado, 193 So. 3d 71 (Fla. 4th DCA 2016).publishedAlthough it is true that the statute is in derogation of common law and must be strictly construed, Willis Shaw Express, Inc., v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla. 2003), this rule of construction should not eviscerate the legisla…
- Jan Colvin & Wade Colvin v. Clements & Ashmore, P.A d/b/a North Florida etc., 182 So. 3d 924 (Fla. 1st DCA 2016).published Pratt v. Weiss, 161 So.3d 1268, 1271 (Fla.2015) (requiring strict construction of statute and rule as to stating amount and terms attributable to each offeror or offer-ee, because both statute and rule are in derogation of common law);- Di…
- Wallen v. Tyson, 174 So. 3d 1058 (Fla. 5th DCA 2015).publishedWillis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla.2003).
- Borden Dairy Co. of Alabama v. Kuhajda, 171 So. 3d 242 (Fla. 1st DCA 2015).published(requiring strict compliance with rule 1.442(c)(3) which dictates that a “joint proposal shall state the amount and terms attributable to each party)
- Ancel Pratt, Jr. v. Michael C. Weiss, D.O., 161 So. 3d 1268 (Fla. 2015).published The majority granted review of this case “based upon conflict with cases that hold apportionment of a settlement amount is required where an offer of judgment is made by or to multiple parties.” Majority op. at 1271 (citing Willis Shaw Exp…
- Valerie Audiffred v. Thomas B. Arnold, 161 So. 3d 1274 (Fla. 2015).published “[a] strict construction of the plain language of rule 1.442(c)(3) requires that offers of judgment made by multiple offerors must apportion the amounts attributable to each offeror”
- 22ND Century Props., LLC & David F. Damerau v. FPH Props., LLC, 160 So. 3d 135 (Fla. 4th DCA 2015).publishedSection 768.79, Florida Statutes (2006), “provides the basis for an award of attorney’s fees and costs when an offer or demand for judgment is not accepted and the statutory calculation formula is met.” Wolfe v. Culpepper Constructors, Inc…
- Hoang Dinh Duong, M.D., Radiology Assocs. of Hollywood, P.A. & Truck Ins. Exch. v. Olivia Ziadie, as plenary guardian of the person & Prop. of Francis Ziadie, incapacitated, Philip Ziadie & Paul Ziadie, No. 4D11-1492 (Fla. 4th DCA Dec. 17, 2014).published“offers of judgment made by multiple offerors must apportion the amounts attributable to each offeror”
- Hoang Dinh Duong v. Ziadie, 153 So. 3d 354 (Fla. 4th DCA 2014).published“offers of judgment made by multiple offerors must apportion the amounts attributable to each offeror”
- Design Home Remodeling Corp. v. Santana, 146 So. 3d 129 (Fla. 3d DCA 2014).published Willis Shaw Exp., Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla.2003).
- Mathis v. Cook, 140 So. 3d 654 (Fla. 5th DCA 2014).published“Section 768.79, Florida Statutes ... provides a sanction against a party who unreasonably rejects a settlement offer”
- UCF Athletics Ass'n v. Plancher, 121 So. 3d 616 (Fla. 5th DCA 2013).publishedThe Florida Supreme Court has held that the language of section 768.79, as well as rule 1.442, which implements it, “must be strictly construed because [they] are in derogation of the common law rule that each party pay its own fees.” Tier…
- Alamo Fin., L.P. v. Mazoff, 112 So. 3d 626 (Fla. 4th DCA 2013).publishedWillis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla.2003).
- Cobb v. Durando, 111 So. 3d 277 (Fla. 2d DCA 2013).published Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 279 (Fla.2003); Allstate Ins.
- Anhloan Tran v. Anvil Iron Works, Inc., 110 So. 3d 923 (Fla. 2d DCA 2013).publishedWillis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla.2003); Grip Dev., Inc. v. Coldwell Banker Residential Real Estate, Inc., 788 So.2d 262, 265 (Fla. 4th DCA 2000).
- Arnold v. Audiffred, 98 So. 3d 746 (Fla. 1st DCA 2012).published“[a] strict construction of the plain language of rule 1.442(c)(3) requires that offers of judgment made by multiple offerors must apportion the amounts attributable to each offeror”
- Pratt v. Weiss, 92 So. 3d 851 (Fla. 4th DCA 2012).publishedOur supreme court has held that rule 1.442(c)(3) requires that “an offer from multiple plaintiffs must apportion the offer among the plaintiffs.” Dollar Rent a Car, Inc. v. Chang, 902 So.2d 869, 870 (Fla. 4th DCA 2005) (quoting Willis Shaw…
- Orlando/Orange Cnty. Expressway Auth. v. Tuscan Ridge, LLC, 84 So. 3d 410 (Fla. 5th DCA 2012).publishedWillis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla.2003).
- Tierra Holdings, Ltd. v. Mercantile Bank, 78 So. 3d 558 (Fla. 1st DCA 2011).published “must be strictly construed because [they] are in derogation of the common law rule that each party pay its own fees”
- Auto-Owners Ins. v. Se. Floating Docks, Inc., 632 F.3d 1195 (11th Cir. 2011).publishedSee Campbell v. Goldman, 959 So.2d 223, 226-27 (Fla.2007); Willis Shaw *1199 Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla.2003).
- Alioto-Alexander v. Toll Bros., Inc., 12 So. 3d 915 (Fla. 4th DCA 2009).publishedWillis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278-79 (Fla.2003).
- Brower-Eger v. Noon, 994 So. 2d 1239 (Fla. 4th DCA 2008).publishedSee Campbell v. Goldman, 959 So.2d 223, 226 (Fla.2007); Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla.2003).
- Attorneys'title Ins. Fund, Inc. v. Gorka, 989 So. 2d 1210 (Fla. 2d DCA 2008).published Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla.2003).
- Jacksonville Golfair, Inc. v. Grover, 988 So. 2d 1225 (Fla. 1st DCA 2008).publishedAlthough it is true that the statute is in derogation of common law and must be strictly construed, Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla. 2003), this rule of construction should not eviscerate the legislat…
- Clements v. Rose, 982 So. 2d 731 (Fla. 1st DCA 2008).publishedWillis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 278 (Fla. 2003).
- Campbell v. Goldman, 959 So. 2d 223 (Fla. 2007).published On appeal, the Fourth District noted, "An offer of settlement must comply with both rule 1.442 and section 768.79." Goldman, 920 So.2d at 1265 . [1] *225 The district court indicated, citing to Willis Shaw Express, Inc. v. Hilyer Sod, Inc.…
- Miami-Dade Cnty. v. Ferrer, 943 So. 2d 288 (Fla. 3d DCA 2006).published“must be strictly construed because the offer of judgment statute and rule are in derogation of the common law rule that each party pay its own fees”
- Cohen v. Arvin, 878 So. 2d 403 (Fla. 4th DCA 2004).published“offers of judgment made by multiple offerors must apportion the amounts attributable to each offeror”
- Attorneys' Title Ins. Fund, Inc. v. Gorka, 36 So. 3d 646 (Fla. 2010).published
- Trytek v. Gale Indus., Inc., 3 So. 3d 1194 (Fla. 2009).published
- Carey-all Transp., Inc. v. Newby, 989 So. 2d 1201 (Fla. 2d DCA 2008).published
- Hall v. Lexington Ins. Co., 895 So. 2d 1161 (Fla. 4th DCA 2005).published
- Trytek v. Gale Indus., Inc., 997 So. 2d 365 (Fla. 2008).published
- Andrews v. Frey, 66 So. 3d 376 (Fla. 5th DCA 2011).published
- Florida Hurricane Prot. & Awning, Inc. v. Pastina, 43 So. 3d 893 (Fla. 4th DCA 2010).published
- Kearney v. Auto-Owners Ins., 713 F. Supp. 2d 1369 (M.D. Fla. 2010).published
- John N. Parker, etc. v. The Bd. of Trs. of the City Pension Fund for Firefighters & Police Officers in the City of Tampa, 149 So. 3d 1129 (Fla. 2014).published
- Troy Anderson v. Hilton Hotels Corp., etc., 202 So. 3d 846 (Fla. 2016).published
- Sand Lake Hills Homeowners Ass'n v. Busch, 210 So. 3d 706 (Fla. 5th DCA 2017).published
- W. Riley Allen v. Jairo Rafael Nunez, 258 So. 3d 1207 (Fla. 2018).published
- Florida Pain & Rehab. of West Dade v. Infinity Auto Ins. Co., 318 So. 3d 6 (Fla. 4th DCA 2021).published
- Diamond Aircraft Indus., Inc. v. Horowitch, 107 So. 3d 362 (Fla. 2013).published
- Se. Floating Docks, Inc. v. Auto-Owners Ins. Co., 82 So. 3d 73 (Fla. 2012).published
- R.T.G. Furniture Corp. v. Coates, 93 So. 3d 1151 (Fla. 4th DCA 2012).published
- Oasis v. Espinoza, 954 So. 2d 632 (Fla. 3d DCA 2007).published
- Anderson Columbia v. Brewer, 994 So. 2d 419 (Fla. 1st DCA 2008).published
- Hector Gutierrez & Maria Rodriguez v. Sec. First Ins. Co., No. 6D2023-2546 (Fla. 6th DCA Mar. 28, 2025).published
- KMS Restaurant Corp. v. Wendy's Int'l, Inc., 194 F. App'x 591 (11th Cir. 2006).unpublished
- Goldman v. Campbell, 920 So. 2d 1264 (Fla. 4th DCA 2006).published
- Hauss v. Waxman, 914 So. 2d 474 (Fla. 4th DCA 2005).published
- Donna Koppel v. Laura Ochoa, 243 So. 3d 886 (Fla. 2018).published
- Sandra Kent Wheaton v. Mardella Wheaton, 261 So. 3d 1236 (Fla. 2019).published
At page 279 Requiring apportionment of settlement offers among multiple plaintiffs7 citing casesholding that in order for a section 768.79 settlement offer to be valid, “an offer from multiple plaintiffs must apportion the offer among the plaintiffs” as provided by rule 1.442(c)(3)
- Haas Automation, Inc. v. Fox, 243 So. 3d 1017 (Fla. 3d DCA 2018).published(holding that in order for a section 768.79 settlement offer to be valid, “an offer from multiple plaintiffs must apportion the offer among the plaintiffs” as provided by rule 1.442(c)(3))
- Cobb v. Durando, 111 So. 3d 277 (Fla. 2d DCA 2013).published Willis Shaw Express, Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 279 (Fla.2003); Allstate Ins.
- RDR Comput. Consulting v. Eurodirect, Inc., 884 So. 2d 1053 (Fla. 2d DCA 2004).published“an offer from multiple plaintiffs must apportion the offer among the plaintiffs”
- Meyer v. Hutchinson, 861 So. 2d 1185 (Fla. 5th DCA 2003).published
- Connell v. Floyd, 866 So. 2d 90 (Fla. 1st DCA 2004).published
- Sarkis v. Allstate Ins. Co., 863 So. 2d 210 (Fla. 2003).published
- Peltz v. Trust Hosp. Int'l, LLC, 242 So. 3d 518 (Fla. 3d DCA 2018).published
At page 277 John W. Frost, II and Peter W. van den Boom of Frost, Tamayo, Sessums & Aranda, P.A., Bartow, FL, for Petitioners. Randy Fischer and R. Lance Wright of Boehm,…1 citing case
- Mills v. Martinez, 909 So. 2d 340 (Fla. 5th DCA 2005).publishedWillis Shaw Exp., Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 277 (Fla.2003); see Major League Baseball v. Morsani, 790 So.2d 1071, 1077-78 (Fla.2001) (holding that "a statute enacted in derogation of the common law must be strictly construed…
v.
HILYER SOD, INC., Respondent.
[*277] John W. Frost, II and Peter W. van den Boom of Frost, Tamayo, Sessums & Aranda, P.A., Bartow, FL, for Petitioners.
Randy Fischer and R. Lance Wright of Boehm, Brown, Seacrest & Fischer, P.A., Ocala, FL, for Respondent.
WELLS, J.
We have for review Hilyer Sod, Inc. v. Willis Shaw Express, Inc., 817 So.2d 1050 (Fla. 1st DCA 2002), which certified conflict with the decisions in Flight Express, Inc. v. Robinson, 736 So.2d 796 (Fla. 3d DCA 1999), and Spruce Creek Development Co. of Ocala, Inc. v. Drew, 746 So.2d 1109 (Fla. 5th DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons that follow, we approve the decision of the district court below.
The facts of the instant case as stated by the district court are:
Plaintiff/appellee, Willis Shaw Express, Inc., sought to recover damages incurred to its tractor-trailer, damages to the cargo, towing costs, loss of use for one of its tractor-trailers and pre-trial interest on the damages, totaling approximately $129,000.00. Plaintiff/appellee, Edward McAlpine, sought to recover damages for the loss of personal property that he had stored in the tractor, totaling approximately $1,800.00. These two plaintiffs joined their causes of action in one complaint.
Willis Shaw Express, Inc., and Edward McAlpine, served a joint proposal of settlement to defendant/appellant Hilyer Sod, Inc. The joint proposal of settlement was for $95,001.00 and did not specify the amounts and terms each plaintiff was requesting. The trial court granted the plaintiffs' subsequent motion for attorney's fees and costs because the ultimate total of the recoveries was more than 25% greater than the proposed settlement amount. See § 768.79(1), Fla. Stat. (1999). Hilyer Sod, appeals arguing the joint proposal was invalid for failure to apportion the damages between the plaintiffs....
The proposal for settlement served by the plaintiffs attempted to settle all claims among the parties and stated:
3. The proposal will require plaintiffs, WILLIS SHAW EXPRESS, INC. and EDWARD McALPINE, to sign a standard release in favor of defendant, HILYER SOD, INC., and to file a notice of dismissal with prejudice of the claims plaintiffs, WILLIS SHAW EXPRESS, INC. and EDWARD McALPINE, have filed against defendant, HILYER SOD, INC., in this action.
4. The total amount being offered with this proposal is NINETY-FIVE[*278] THOUSAND ONE AND NO/100 DOLLARS ($95,001.00).
Hilyer Sod, 817 So.2d at 1051-52. The district court reversed and held that "an offer of settlement made jointly by multiple plaintiffs must apportion amounts `attributable to each party.'" Id. at 1054 (quoting Fla. R. Civ. P. 1.442(c)(3)).
In reaching that holding, the district court noted that the district courts of appeal are split "as to whether an offer from multiple plaintiffs must apportion the offer among the plaintiffs." Id. at 1053. The district court below sided with the Second District Court of Appeal's analysis in Allstate Insurance Co. v. Materiale, 787 So.2d 173, 175 (Fla. 2d DCA 2001) ("When two offerors make a proposal for settlement to one offeree, the offeree is entitled to know the amount and terms of the offer that are attributable to each offeror in order to evaluate the offer as it pertains to that party."). The district court below then certified conflict with Flight Express, 736 So.2d at 797, and Spruce Creek, 746 So.2d at 1116, both of which held that the lack of apportionment in offerors' proposal for settlement did not render the proposal invalid. Willis Shaw Express, Inc., and Edward McAlpine now petition this Court to quash the district court's decision.
Section 768.79, Florida Statutes (1999) ("Offer of judgment and demand for judgment"), provides a sanction against a party who unreasonably rejects a settlement offer. Section 768.79 provides in pertinent part:
If a plaintiff files a demand for judgment which is not accepted by the defendant within 30 days and the plaintiff recovers a judgment in an amount at least 25 percent greater than the offer, she or he shall be entitled to recover reasonable costs and attorney's fees incurred from the date of the filing of the demand.
The statute further provides that an offer must:
(a) Be in writing and state that it is being made pursuant to this section.
(b) Name the party making it and the party to whom it is being made.
(c) State with particularity the amount offered to settle a claim for punitive damages, if any.
(d) State its total amount.
§ 768.79(2), Fla. Stat.
Section 768.79 is implemented by Florida Rule of Civil Procedure 1.442 ("Proposals for Settlement"). This rule was amended in 1996 to require greater detail in settlement proposals. See In re Amendments to Fla. Rules of Civil Pro., 682 So.2d 105, 107 (Fla.1996) (effective Jan. 1, 1997). As amended, rule 1.442(c)(3) provides:
A proposal may be made by or to any party or parties and by or to any combination of parties properly identified in the proposal. A joint proposal shall state the amount and terms attributable to each party.
(Emphasis added.) This language must be strictly construed because the offer of judgment statute and rule are in derogation of the common law rule that each party pay its own fees. See Major League Baseball v. Morsani, 790 So.2d 1071, 1077-78 (Fla.2001) ("[A] statute enacted in derogation of the common law must be strictly construed...."); Dade County v. Pena, 664 So.2d 959, 960 (Fla.1995) ("[I]t is also a well-established rule in Florida that `statutes awarding attorney's fees must be strictly construed.' Gershuny v. Martin McFall Messenger Anesthesia Professional Ass'n, 539 So.2d 1131, 1132 (Fla.1989)."). A strict construction of the plain language of rule 1.442(c)(3) requires that offers of judgment made by multiple offerors must apportion the amounts attributable to each[*279] offeror. Cf. MGR Equipment Corp. v. Wilson Ice Enterprises, Inc., 731 So.2d 1262, 1263-64 n. 2 (Fla.1999) (noting that rule 1.442, as amended in 1996, "mandates greater detail in settlement proposals, which will hopefully enable parties to focus with greater specificity in their negotiations and thereby facilitate more settlements and less litigation"). We therefore hold that under the plain language of rule 1.442(c)(3), an offer from multiple plaintiffs must apportion the offer among the plaintiffs.
Accordingly, we approve the decision below, and disapprove Flight Express and Spruce Creek to the extent that those decisions conflict with this Court's decision.
It is so ordered.
ANSTEAD, C.J., and PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.
LEWIS, J., concurs in result only.