Mort v. Unicare Health Facilities, Inc.

BARFIELD, Judge.

Emma Mort1 appeals from an order denying her motion for assessment and award for statutory attorney’s fees. The issue is whether appellee’s offer of judgment, omitting any reference to attorney’s fees, precluded a subsequent award of statutorily authorized fees. We hold that it does not and reverse and remand for assessment and award of the fees.

Appellant’s final amended complaint consisted of three counts, two for compensatory damages based upon negligence theories, and one for compensatory and punitive damages, attorneys fees and costs based upon appellee’s violation of…