IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
CROWLEY'S CONCRETE, INC. NOT FINAL UNTIL TIME EXPIRES TO
and KELLY MALONE, FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Appellants,
CASE NO. 1D14-1116
v.
EDWARD GATHERCOLE,
Appellee.
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Opinion filed May 27, 2015.
An appeal from the Circuit Court for Duval County.
Harvey L. Jay, III, Judge.
Rhonda B. Boggess and Gina P. Grimsley, Jacksonville, for Appellants.
John S. Mills and Andrew D. Manko, The Mills Firm, P.A., Tallahassee, for
Appellee.
PER CURIAM.
We affirm the trial court’s judgment on all issues raised in the appeal
and the cross-appeal, without discussion.
Appellee’s motion for appellate attorney’s fees is granted, conditioned
upon the trial court’s determination that the actual proposals for settlement
to each defendant complied with the requirements of section 768.79, Florida
Statutes, and rule 1.442, Florida Rules of Civil Procedure. The trial court is
the appropriate forum for the presentation of any argument regarding the
propriety of the proposals and the monetary values of the proposals as
compared to the judgment obtained. Accordingly, the case is remanded for
determination of Appellee’s appellate attorney’s fees, as conditioned. See
Rudolph v. Gray, Harris & Robinson, P.A., 901 So. 2d 423 (Fla. 5th DCA
2005).
MARSTILLER and SWANSON, JJ., and CALOCA-JOHNSON, DAWN,
ASSOCIATE JUDGE, CONCUR.
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