Simkins Industries, Inc. v. Highlands Insurance Co.
Simkins Industries, Inc. v. Highlands Insurance Co.
Opinion of the Court
Simkins Industries, Inc. (Simkins), the plaintiff below, appeals from orders awarding trial and appellate attorney’s fees pursuant to Highlands Insurance Company’s (Highlands) offer of judgment. We affirm in part and reverse in part.
We find no error in the trial court’s determination that the defendant’s offer of judgment was made in good faith. See Pacer Tech. v. Lee Pharms., Inc., 737 So.2d 1238 (Fla. 3d DCA 1999); see also
On cross appeal we agree with Highlands that the trial court abused its discretion in failing to award reasonable fees for hours billed by Conroy Simberg Ganon when it was hired as co-counsel for trial. Simkins never challenged the number of hours claimed by Conroy Simberg and there is no record evidence supporting the denial of those fees. See Brake v. Murphy, 736 So.2d 745 (Fla. 3d DCA 1999).
Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.