5979 ALTON ROAD LAND TRUST DATED AUGUST 2020 v. STAV SOFTWARE LLC (2024)

District Court of Appeal of Florida, Third District.

5979 ALTON ROAD LAND TRUST DATED AUGUST 8, 2020, Appellant, v. STAV SOFTWARE, LLC, Appellee.

No. 3D23-0761

Decided: September 18, 2024

Before LOGUE, C.J., and EMAS and MILLER, JJ.

Armstrong Teasdale LLP, and Eleanor T. Barnett and Marlon J. Weiss, Coral Gables, for appellant. Omar K. Ibrahem, P.A., and Omar K. Ibrahem, Miami, for appellee.

The appellant appeals the denial of its motion for attorney's fees based upon an offer of judgment. As the appellee correctly argues, however, while the offer may be construed as accomplishing this end, it does not, as expressly required by the rule, “state that the proposal resolves all damages that would otherwise be awarded in a final judgment in the action in which the proposal is served.” Fla. R. Civ. P. 1.442(c)(2)(B). See Knapp v. Harling, 374 So. 3d 880, 882 (Fla. 1st DCA 2023) (“The problem here for Appellee is that his settlement proposal didn't state that it would resolve ‘all damages’ in the action.”).

Affirmed.

LOGUE, C.J.

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