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Arthur Rodgers TRAYNOR, Jr., an individual, and Akerman, Senterfitt & Eidson, P.A., a Florida professional association, Appellants, v. Daniel DELMONICO, an individual and Myd Marine Distributor, Inc., a Florida corporation, Appellees

Florida District Court of Appeal2010-05-12No. No. 4D09-881
35 So. 3d 93

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Opinion

majority opinion

PER CURIAM.

The issue is whether appellants, the defendants below, can recover attorney’s fees based upon proposals of settlement conditioned upon acceptance of both plaintiffs. The trial court found the proposals invalid, relying on Attorneys’ Title Insurance Fund, Inc. v. Gorka, 989 So.2d 1210 (Fla. 2d DCA 2008). While this appeal was pending, the supreme court approved the Second District’s decision, holding that “a joint offer of settlement or judgment that is conditioned on the mutual acceptance of all of the joint offerees ... is invalid and unenforceable because it is conditioned such that neither offeree can independently evaluate or settle his or her respective claim by accepting the proposal.” Attorneys’ Title Ins. Fund, Inc. v. Gorka, — So.3d - (Fla.2010). Pursuant to Gorka, we affirm the order denying appellants’ motion for attorney’s fees.

Affirmed.

WARNER, DAMOORGIAN, and LEVINE, JJ., concur.