Jaffrey v. Baggy Bunny, Inc.
Florida District Court of Appeal
733 So. 2d 1140 (1999)
- Written by Liz Nakamura, JD
Facts
Jane Jaffrey (plaintiff) slipped and fell on premises owned by Baggy Bunny, Inc. (Bunny) (defendant). Bunny initially offered Jaffrey $501 to settle her claim, which Jaffrey rejected. Bunny then offered Jaffrey $7,501, which Jaffrey also rejected. After a jury trial, the trial court ruled in Bunny’s favor. Bunny then filed a timely motion-to-tax fees and costs pursuant to its $501 settlement offer. In Florida, a motion-to-tax fees and costs is, effectively, a motion asking the court to force the other litigant to pay the movant’s fees and costs for the litigation. The trial court found that Bunny’s $501 settlement offer was in bad faith but awarded fees and costs to Bunny based on the $7,501 settlement offer. Jaffrey appealed, arguing that the trial court’s award was inappropriate because (1) Bunny did not request fees and costs based on the $7,501 settlement offer in its motion-to-tax; and (2) because more than 30 days had passed since entry of the trial court’s final judgment, it was too late for Bunny to file a new motion-to-tax seeking fees and costs based on the $7,501 settlement offer.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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