Anna Puett v. Florida Oranges, LLC d/b/a Howey Mansion, LLC d/b/a The Howey Mansion, and Blush by Brandee Gaar, LLC
The Fifth DCA affirmed summary judgment for the venue and the wedding planner in a premises liability action, applying the Anderson v. Liberty Lobby 'so one-sided' federal summary judgment standard now governing Florida practice. It affirmed the denial of attorney's fees under a joint proposal for settlement because only one joint offeror obtained judgment while the proposal conditioned settlement on both. It reversed the denial of costs, holding that section 57.041(1) leaves a trial court no discretion to deny lawful costs to the party recovering judgment.
Key facts
- Anna Puett brought a premises liability claim in Lake County Circuit Court against Florida Oranges, LLC d/b/a Howey Mansion and against wedding planner Blush by Brandee Gaar, LLC.
- The trial court granted summary judgment for both Howey Mansion and Blush on the premises liability claim.
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Holdings
- Summary judgment is properly entered under the federal standard adopted in Florida where the evidence is 'so one-sided' that the movant must prevail as a matter of law.
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Why it matters
Two cost-and-fee points make this short per curiam opinion worth keeping. First, it reinforces the recurring trap in joint proposals for settlement: structuring a proposal so that the plaintiff must settle with every… — full analysis with a trial
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