section 768.79 mandatory (Florida) · Go Syfert
← Florida issues

section 768.79 mandatory in Florida

5 Florida opinions name it 1 courts 1994–2019 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
TGI Friday's, Inc. v. Dvorakgreen
fla · 1995 · cited in 4 Florida opinions naming this issue, 1998–2019
2 sentences

2018Moreover, "[t]he mandatory language of section 768.79 reinforces the notion that a proper offer automatically creates that entitlement, unless the offer is made in bad faith." Anderson , 202 So.3d at 856 (citations omitted); see also TGI Friday's , 663 So.2d at 612 (explaining that a trial court may, in its discretion, disallow an award of attorney's fees, but only if it determines that a qualifying offer was not made in good faith).

2018Moreover, "[t]he mandatory language of section 768.79 reinforces the notion that a proper offer automatically creates that entitlement, unless the offer is made in bad faith." Anderson , 202 So.3d at 856 (citations omitted); see also TGI Friday's , 663 So.2d at 612 (explaining that a trial court may, in its discretion, disallow an award of attorney's fees, but only if it determines that a qualifying offer was not made in good faith).

34
Troy Anderson v. Hilton Hotels Corporation, etc.green
fla · 2016 · cited in 3 Florida opinions naming this issue, 2018–2019
2 sentences

2019The mandatory language of section 768.79 reinforces the notion that a proper offer automatically creates that entitlement, unless the offer is made in bad faith.” Anderson, 202 So. 3d at 856 (citations omitted).

2018Moreover, "[t]he mandatory language of section 768.79 reinforces the notion that a proper offer automatically creates that entitlement, unless the offer is made in bad faith." Anderson , 202 So.3d at 856 (citations omitted); see also TGI Friday's , 663 So.2d at 612 (explaining that a trial court may, in its discretion, disallow an award of attorney's fees, but only if it determines that a qualifying offer was not made in good faith).

33

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Schmidt v. Fortner green
fladistctapp · 1993
2 sentences

1998TGI Friday's, Inc. v. Dvorak, 663 So.2d 606 (Fla.1995); Schmidt v. Fortner, 629 So.2d 1036 (Fla. 4th DCA 1993).

1994The trial court did not have the benefit of Schmidt v. Fortner, 629 So.2d 1036 (Fla. 4th DCA 1993), in which this court concluded that an award of attorney's fees is mandatory under section 768.79, where the requirements of the statute are met, unless the trial court determines the offer was not made in good faith.

21994–1998

Statutes the citing opinions construe

FL § 768.79 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check