Michael Aguado v. Allen Miller

Appellant, the plaintiff below, seeks review of an order denying his motion for attorney’s fees based on an unaccepted proposal for settlement. The trial court denied the motion based on its determination that the proposal was invalid because' it did not strictly, comply with section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442 in two respects: (1) it did not state whether attorney’s fees were part of the claim to be settled, and (2) it did not state the amount offered to settle a claim for punitive damages. We reverse based on Kuhajda v. Borden Dairy Company of…