GEICO General Insurance Company v. Patrick N. Yvars

Summary

The Sixth District Court of Appeal of Florida reversed orders finding Patrick N. Yvars entitled to attorneys’ fees and awarding those fees. The court held that its prior decision limiting Yvars’s recovery to $20,000 meant his recovery was not at least 25 percent greater than his $25,000 proposal for settlement, so fees were unavailable under section 768.79(1), Florida Statutes (2020).

Holdings

1. Yvars was not entitled to recover attorney fees because the $20,000.00 judgment was not at least 25 percent greater than his $25,000.00 Proposal for Settlement.

Questions Presented

1. Whether Yvars was entitled to recover attorney fees under section 768.79(1), Florida Statutes (2020), when the amended judgment in his favor was $20,000.00 and his Proposal for Settlement was $25,000.00.

Disposition

reversed_and_remanded