BRUNSON v. ASHLEY (2019)

District Court of Appeal of Florida, First District.

Molly A. BRUNSON, Appellant, v. Adrienne ASHLEY, individually and Cathy Ashley Lane, her parent and natural guardian during her minority, Appellee.

Nos. 1D16-4972

Decided: May 02, 2019

Rhonda B. Boggess of Taylor, Day, Grimm & Boyd, Jacksonville, and James A. McGhee of Kirkland McGhee & Gann, P.A., Pensacola, for Appellant. Charles F. Beall, Jr., of Moore, Hill & Westmoreland, P.A., Pensacola, and David A. Simpson and Jonathan D. Simpson of Simpson Law Firm, Fort Walton Beach, for Appellees.

The trial court ordered that defendant Molly Brunson was not entitled to attorney's fees and costs because her proposals for settlement were invalid as they failed to address punitive damages, even though punitive damages were not pled by the plaintiffs, Ashley and Lane. This was error under Aguado v. Miller, 219 So.3d 216, 217-18 (Fla. 1st DCA 2017) (finding that failure to include a statement that the proposal for settlement did not include punitive damages did not make the proposal invalid where the plaintiff did not seek punitive damages in the complaint). We, therefore, reverse the trial court's order denying Brunson's motion to tax attorney's fees and costs and remand for a determination of the proper award. We also reverse the trial court's final judgment in favor of Ashley and Lane, and remand to the trial court for determination of recoverable taxable costs in favor of Brunson. As to the cross-appeal, we affirm.

Affirmed in part, Reversed in part, and Remanded for further proceedings.

Per Curiam.

B.L. Thomas, C.J., and Makar and Winsor, JJ., concur.

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