Donovan Marine, Inc. v. Delmonico

The successful defendant in a defamation action appeals an order denying its request for attorney’s fees, pursuant to a joint proposal for settlement. The defendant argues the trial court erred in finding the proposal ambiguous. We agree and reverse.

The plaintiff filed a complaint against two defendants; one defendant was the employee of the other. The complaint alleged that the employee had made defamatory statements and the employer was vicariously liable. The employee admitted to making the statement.

The defendants served a joint proposal for settlement, pursuant to section 768.79, Florida…