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Florida First DCA rules that appellate attorney fees are recoverable under Florida’s Proposal for Settlement Statute, Fla. Stat. § 768.79, adhering to Florida Supreme Court precedent

On April 26, 2021, in Seadler v. Marina Bay Resort Condominium Association, No. 1D19-850, the Florida First DCA followed the Florida Supreme Court precedent in Frosti v. Creel, 979 So. 2d 912, 917 (Fla. 2008) and held that appellate attorney’s fees are recoverable under Florida’s Offer of Judgment/Proposal for Settlement statute, Fla. Stat. § 768.79. The correctness of the Florida Supreme Court’s position on this issue was questioned by Judge Tannenbaum in a concurring opinion. Judge Tannenbaum pointed out that § 768.79 does not expressly create a right to recover appellate fees and argued that an appeal should be construed as an entirely new action not subsumed by the reference in § 768.79 to a “civil action for damages.”

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