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CAREY-ALL TRANSPORT, INC. v. NEWBY

No. 2D07-5006.

989 So.2d 1201 (2008)

CAREY-ALL TRANSPORT, INC., Appellant, v. Frances Marie NEWBY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 19, 2008.

Attorney(s) appearing for the Case

Dallas A. Robinson and Christopher W. Wadsworth of Wadsworth, King & Huott, L.L.P., Miami, for Appellant.

Gregory P. Abaray of Allen & Echemendia, P.A., Lakeland, for Appellee.

VILLANTI, Judge.

This appeal requires us to decide whether Carey-All Transport, Inc.'s proposal for settlement served on Frances Marie Newby violated Florida Rule of Civil Procedure 1.442(c)(3). For the reasons noted below, we hold that the proposal for settlement did not violate the rule, and thus we reverse the trial court's order denying Carey-All's postjudgment motion for fees and costs.

Newby sued Carey-All and its former employee, Josh Delerme, for damages...

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