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KD Win: Attorney Fee and Cost Award After a Defense Proposal for Settlement

Caryn Bellus and Angela Flowers obtained an affirmance of an attorney fee and cost award after a defense proposal for settlement. This is the second of two winning appellate decisions in Pelecki v. Federated National Insurance Company, 5D19-3702 (Fla. 5th DCA May 14, 2021). In the first appeal, the homeowner, Andrea Pelecki, appealed a $0 final judgment in favor of her insurer, which arose from a jury verdict in her favor for $15,000 less a setoff of $30,000 for the insurer’s prior settlement with plaintiff’s husband. In this second appeal, Andrea challenged a judgment of $126,047.14 for the insurer’s trial attorney’s fees and costs based on her rejection of the insurer’s $5,000 proposal for settlement. The Fifth District affirmed the award of fees and costs, except for a small award of costs for an expert who did not testify at trial.

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