Error To Find Defendant Not Entitled To Attorney’s Fees Because Defendant’s Proposal For Settlement Failed To Address Punitive Damages In Case, Where Punitive Damages Were Not Pled By The Plaintiffs.

Brunson v. Ashley, 44 Fla. L. Weekly D1167 (Fla. 1st DCA May 2, 2019):

The trial court ruled that defendant was not entitled to attorney’s fees based on the fact that her proposal for settlement failed to address the issue punitive damages.

However, the appellate court decided that because there was no right to punitive damages (and no claim for them), the court found that said shortcoming in the proposal was immaterial, and held the proposal was valid, entitling defendant to her attorney’s fees.