Summary
affirming rejection of attorney's fees under old Rule 1.442 because proposal required offeree to satisfy liens but acknowledging that rule had been amended to allow for such conditions
Summary of this case from Dryden v. PedemontiOpinion
Nos. 98-1789, 98-4182
Opinion filed December 15, 1999 JULY TERM 1999
Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Catherine M. Brunson, Judge; L.T. No. 92-11203 AH.
Clifford M. Miller and Glenn Webber of Law Office of Bohdan Neswiacheny, Fort Lauderdale, for appellant.
Benjamin L. Bedard and Paul F. Grondahl of Roberts Reynolds, P.A., West Palm Beach, for appellee-Milliken Company.
We reverse the award of attorney's fees recovered pursuant to an offer of judgment. The offer contained various conditions requiring the offeree to satisfy certain liens. In Martin v. Brousseau, 564 So.2d 240, 241 (Fla. 4th DCA 1990), we held that an offer of judgment which imposed conditions was invalid under the rule and statute. When the court decided Martin, Florida Rule of Civil Procedure 1.442, regarding offers of judgment, did not allow for any conditions to be included in an offer. Although the rule has subsequently been amended to permit the inclusion of conditions, see rule 1.442(c)(2)(C), appellant was entitled to consider the offer under the law in effect at the time the offer was made. See Metropolitan Dade County v. Jones Boatyard, Inc., 611 So.2d 512, 513-14 (Fla. 1993); Brodose v. School Bd. of Pinellas County, 622 So.2d 513, 515 (Fla.2d DCA 1993). Thus, the conditions of this offer rendered it invalid, and the attorney's fee award made pursuant to the offer is reversed.
DELL and GUNTHER, JJ., concur.