Legal Opinion

JOHN MCCOY v. R.J. REYNOLDS TOBACCO COMPANY

District Court of Appeal of Florida

Decided October 25, 2017No. 4D16-1378PublishedCited by 4 opinions

1Opinion of the CourtGross, J.

We reverse the circuit court’s order denying a motion for attorney’s fees based upon a'2014 proposal for settlement under section 768.79, Florida Statutes (2015). 1

On July 24, 2014, the plaintiff/appellant served a proposal for settlement on each of three defendants. The proposals were served by U.S. certified mail. The plaintiff also filed a Notice.of Serving Proposal for Settlement via e-mail on the same date.

The defendants had actual knowledge of the proposals for settlement and did not accept them.

After a trial, the plaintiff obtained a verdict that entitled him to attorney’s fees under…

2Cases cited5 opinions

  1. Aspen v. BaylessSupreme Court of Florida · 1990
  2. Campbell v. GoldmanSupreme Court of Florida · 2007
  3. Susanne L. Kuhajda v. Borden Dairy Company of Alabama, LLC.Supreme Court of Florida · 2016
  4. Boatright v. Philip Morris USA, Inc.District Court of Appeal of Florida · 2017
  5. Wheaton v. WheatonDistrict Court of Appeal of Florida · 2017

3Cited by4 opinions

  1. Sandra Kent Wheaton v. Mardella WheatonSupreme Court of Florida · 2019
  2. Goersch v. City of Satellite BeachDistrict Court of Appeal of Florida · 2018
  3. Oldcastle Southern Group, Inc. v. Railworks Track System Inc.District Court of Appeal of Florida · 2017
  4. Slichter v. The School Board of Lee County, FloridaDistrict Court, M.D. Florida · 2022

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