Fourth District Court of Appeal Affirms Summary Judgment for Roig Lawyers’ Client

A Florida county court entered an order awarding Roig Lawyers’ client attorney’s fees and costs pursuant to Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442.

Roig Lawyers attorney, John M. Gioannetti, successfully represented the firm’s client in securing an order for final summary judgment at the trial Court. Plaintiff appealed, and after the Fourth District Court of Appeals affirmed summary judgment, Gioannetti proved the Defendant’s Offer of Judgment/Proposal for Settlement (PFS) was made in good faith as the client evaluated their exposure as one of zero liability and had a reasonable basis in doing so. The Plaintiff argued that a change in circumstances of a case affects the validity of a PFS. According to the court, there is no requirement in Florida Statute 768.79 that a PFS be unreasonably rejected in order to determine entitlement to fees. The court also found that the statute must be strictly construed. As a result, Roig Lawyers ultimately prevailed in favor of their client.