Gloria Alioto-Alexander v. Toll Bros., Inc., and John Barr, 34 Fla. L. Wkly D1383a (Fla. 4th DCA July 8, 2009)

In this case, there were two defendants.  One defendant served an offer of judgment requesting a dismissal of both defendants in return for $5,000.  The offer did not apportion the $5,000 offer between the two defendants.  Defendants prevailed, and the trial court awarded attorneys’ fees.  The Fourth District affirmed the fee award, holding that the offer was not a “joint offer” because it was an offer by only one defendant that simply requested that both defendants be dismissed.  Therefore, no apportionment was required.

Gloria Alioto-Alexander v. Toll Bros., Inc., and John Barr, 34 Fla. L. Wkly D1383a (Fla. 4th DCA July 8, 2009)

1.442 Proposals for Settlement