10 Fla. L. Weekly Supp. 566d
Insurance — Attorney’s fees — Offer of judgment — Motion to preclude attorney’s fees and costs is granted where insured accepted insurer’s offer of judgment that made no mention of attorney’s fees, and there was no motion to strike offer prior to bringing of motion to preclude fees
KAGAN, JUGAN & ASSOCIATES, P.A., as assignee of JUERGEN HARTWICH, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Lee County, Small Claims Action. Case No. 02-1669SP-JRA. May 16, 2003. James R. Adams, Judge. Counsel: Jack C. Morgan III, Fort Myers. Harris B. Katz, Kubicki Draper, Fort Myers.
ORDER GRANTING DEFENDANT’S MOTION TO PRECLUDE FEES AND COSTS
THIS CAUSE came to be heard as a result of the Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, through counsel, having filed a Motion to Preclude Attorney’s Fees and Costs due to there being a settlement of the case consistent with the offer of judgment.
During the course of discovery, PROGRESSIVE made an offer of judgment to the Plaintiff KAGAN. After some additional discovery and prior to trial, KAGAN accepted the offer of judgment as proposed by PROGRESSIVE. The offer of judgment made no mention of attorney’s fees and there was no motion to strike the offer at any stage prior to the bringing of the present motion before the Court.
The clear intent of the underlying policy of the rule was to terminate all claims, end disputes, and obviate the need for further intervention of the judicial process. Unicare Health Facilities, Inc. v. Mort, 553 So.2d 159 (Fla. 1989).
The fact that the offer of judgment does not include attorney’s fees or some other matter does not necessarily render it unenforceable. Danner Construction Company v. Reynolds Metals Co., 760 So.2d 199 (Fla. 2DCA 2000). Matters regarding offers of judgment not timely raised, including attorney’s fees, may be waived. Unicare Health Facilities, Inc. at p.161.
Based on the foregoing, it is hereby
ORDERED AND ADJUDGED that the Defendant’s Motion to Preclude the Recovery of Attorney’s Fees and Costs is GRANTED.
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