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Clear and Unambiguous Language Rules the Day—“Postoffer Settlement” includes all Settlements after Proposal for Settlement is Offered when Determining Plaintiff’s Entitlement to Fees

Jan 3, 2020 in Case Law Updates by

In Wilcox v. Neville, 44 Fla. L. Weekly D2651 (Fla. 1st DCA 2019), the Florida First District Court of Appeals (“the Court”) held that “postoffer settlement,” when determining Plaintiff’s entitlement to fees under Fla. Stat. § 768.76(6), includes all settlements after a proposal for settlement (“PFS”) is offered, not only settlements after the expiration of the time for accepting the offer.

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