Background
National Insurance USA Group sued Mapp Digital US for breach of a written contract, seeking $81,445.84 plus interest, costs, and attorney’s fees. After its motions to dismiss and to stay or compel arbitration were denied, Mapp offered National Insurance $1 under Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes.
National Insurance accepted the offer. The resulting final judgment awarded $1 and stated that it resolved all damages recoverable by National Insurance, including its court costs and attorney’s fees. Mapp then sought its own fees and costs under section 57.105(7), the reciprocal-fee statute. The circuit court initially granted that request but, on rehearing, ruled that National Insurance was the prevailing party and denied Mapp fees.
The Court’s Holding
The Fourth District reversed. Reading the offer and final judgment together, the court held that the $1 settlement resolved National Insurance’s costs and attorney’s-fee claim; it did not waive or otherwise resolve Mapp’s separate request for reciprocal fees under section 57.105(7).
The appellate court did not decide whether Mapp ultimately prevailed. Instead, it remanded for the circuit court to determine Mapp’s prevailing-party status and its entitlement to fees, recognizing the trial court’s discretion over that determination.
Key Takeaways
- An accepted offer of judgment must be read together with the final judgment to determine what claims it resolved.
- Language resolving the plaintiff’s attorney’s fees does not necessarily bar the defendant from seeking its own reciprocal contractual fees.
- Whether a party prevailed for section 57.105(7) purposes remains a matter for the trial court on remand.
Why It Matters
The decision distinguishes between settling a plaintiff’s fee claim and extinguishing a defendant’s independent claim for reciprocal fees. Parties drafting offers of judgment and stipulated final judgments should state expressly whether either side’s fee rights survive.