166 So. 3d 933
Fla. Dist. Ct. App.2015Background
- Appellant Judy Rodrigo sued State Farm Florida alleging denial of coverage for condominium property damage.
- During the litigation State Farm served a proposal for settlement which Rodrigo rejected; the trial court later entered judgment for State Farm on coverage.
- State Farm moved to tax costs and recover attorney’s fees under its proposal for settlement; an evidentiary hearing followed.
- The trial court awarded State Farm $172,340.50 in attorney’s fees, $13,839.70 in costs, and $4,240.00 in expert witness fees.
- Rodrigo challenged the awards, arguing the proposal for settlement was ambiguous and that the court failed to make required findings when awarding potentially nontaxable costs.
- The appellate court affirmed the fee award as to the proposal for settlement issue but reversed and remanded as to the costs award for lack of specific findings regarding nontaxable costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether State Farm's proposal for settlement complied with Rule 1.442 or was ambiguous | Rodrigo: Proposal ambiguous and noncompliant, so fees/costs recovery should be barred | State Farm: Proposal was valid; entitles it to fees/costs after judgment | Court: Affirmed in favor of State Farm on this issue (no further comment) |
| Whether the trial court adequately supported award of potentially nontaxable costs | Rodrigo: Court failed to identify which costs were taxable vs. nontaxable and failed to make required findings justifying nontaxable awards | State Farm: Requested full costs; trial court discretion to award nontaxable costs based on case facts | Court: Reversed and remanded — trial court must make specific findings identifying items and explaining why nontaxable costs were awarded |
Key Cases Cited
- In re Amendments to Unif. Guidelines for Taxation of Costs, 915 So. 2d 612 (Fla. 2005) (Guidelines are advisory; courts have discretion on nontaxable costs)
- Madison v. Midland Nat’l Life Ins. Co., 648 So. 2d 1226 (Fla. 4th DCA 1995) (trial court may deviate from guidelines depending on facts)
- Bright v. Baltzell, 65 So. 3d 90 (Fla. 4th DCA 2011) (court must identify nontaxable costs awarded and articulate unique/extraordinary circumstances justifying them)