Allstate Indemnity Co. v. Hingson

Decision Date11 October 2000
Docket NumberNo. 2D00-1107.,2D00-1107.
Citation774 So.2d 44
PartiesALLSTATE INDEMNITY COMPANY, Appellant, v. Solen HINGSON and Annette Hingson, Appellees.
CourtFlorida District Court of Appeals

Bonita Kneeland Brown of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Appellant.

Associates and Bruce L. Scheiner, Fort Myers and Thomas M. Pflaum, Micanopy, for Appellees.

PER CURIAM.

Appellant, Allstate Indemnity Company, challenges the trial court's denial of its motion for attorney's fees based on an offer of judgment under section 768.79, Florida Statutes (1995). We affirm.

Appellant, on November 12, 1996, served an offer of judgment on appellees, Solen Hingson and Annette Hingson, husband and wife. Appellant's offer was for $30,000 and was not differentiated between the amount offered for Mr. Hingson's injuries in an automobile accident and Mrs. Hingson's resulting consortium claim.

The trial judge denied appellant's motion for attorney's fees citing the policy considerations regarding undifferentiated offers of judgment enunciated in section 768.79, Florida Rule of Civil Procedure 1.442, and USAA v. Behar, 752 So.2d 663 (Fla. 2d DCA 2000). Even though Behar can be distinguished because appellant's offer was made prior to the latest amendment to rule 1.442, we nevertheless affirm on the authority of C & S Chemicals, Inc. v. McDougald, 754 So.2d 795 (Fla. 2d DCA 2000). In doing so, we are in conflict with Herzog v. K-Mart, 760 So.2d 1006 (Fla. 4th DCA 2000).

Affirmed.

CAMPBELL, A.C.J., and FULMER and GREEN, JJ., Concur.

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5 cases
  • Thompson v. Hodson
    • United States
    • Florida District Court of Appeals
    • May 9, 2002
    ...specifically apportion the settlement offer among the plaintiffs. See Fla. R. Civ. P. 1.442(c)(3); see also Allstate Indem. Co. v. Hingson, 774 So.2d 44, 44 (Fla. 2d DCA 2000) (affirming the trial court's denial of appellant's motion for attorney's fees because the offer of judgment served ......
  • Dudley v. McCormick
    • United States
    • Florida District Court of Appeals
    • November 16, 2001
    ...1332 (Fla. 3d DCA 1997); Tucker v. Shelby Mut. Ins. Co., 343 So.2d 1357, 1358 (Fla. 1st DCA 1977); but see Allstate Indem. Co. v. Hingson, 774 So.2d 44, 44 (Fla. 2d DCA 2000) (applying amended version of Florida Rule of Civil Procedure 1.442(c)(3) to an offer of settlement served prior to J......
  • Allstate Indem. Co. v. Hingson
    • United States
    • Florida Supreme Court
    • January 17, 2002
    ...Florida; and Associates and Bruce L. Scheiner, Fort Myers, FL, for Respondents. PER CURIAM. We have for review Allstate Indemnity Co. v. Hingson, 774 So.2d 44 (Fla. 2d DCA 2000), which expressly and directly conflicts with the opinion in Herzog v. K-Mart Corp., 760 So.2d 1006 (Fla. 4th DCA ......
  • Hall v. Anwar
    • United States
    • Florida District Court of Appeals
    • October 11, 2000
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