2023 WL 3855512
Only the Westlaw citation is currently available.
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.
District Court of Appeal of Florida, Third District.
The Miccosukee TRIBE of Indians of Florida, Appellant,
Lewis Tein, P.L., Guy LEWIS and Michael Tein, Appellees.
Opinion Filed June 7, 2023.
Appellant, Miccosukee Tribe of Indians of Florida, appeals from a final judgment granting attorney’s fees and costs rendered in the lower tribunal after appellees, Lewis Tein, P.L., Guy Lewis, and Michael Tein, rejected a proposal for settlement. Despite appellant’s contention to the contrary, the record reveals the trial court carefully considered each factor contained within section 768.79, Florida Statutes (2017), along with the chronology of the case and other relevant criteria, in arriving at the award.1 Concluding that competent, substantial evidence supports the findings, we discern no abuse of discretion and affirm the judgment in all respects. See McGregor v. Molnar, 79 So. 3d 908, 911 (Fla. 2d DCA 2012) (“If the court decides that the offer was made in good faith, section 768.79(7)(b) and [Florida Rule of Civil Procedure] 1.442(h)(2) set forth six factors to be considered in determining the reasonableness of an award.”); § 768.79(7)(b), Fla. Stat.; Fla. R. Civ. P. 1.442(h)(2); see also Michigan v. Bay Mills Indian Cmty., 572 U.S. 782, 814, 134 S.Ct. 2024, 188 L.Ed.2d 1071 (2014) (Scalia, J., dissenting) (“I am now convinced that [Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. 751, 118 S.Ct. 1700, 140 L.Ed.2d 981 (1998)] was wrongly decided; that, in the intervening 16 years, its error has grown more glaringly obvious; and that stare decisis does not recommend its retention.”).
--- So.3d ----, 2023 WL 3855512 (Mem)
Any error associated with the admission of evidence relating to settlement offers was harmless. See Walters v. Beach Club Villas Condo., Inc., 301 So. 3d 343, 350 (Fla. 3d DCA 2020); Heartland Express, Inc. of Iowa v. Farber, 230 So. 3d 146, 150–51 (Fla. 1st DCA 2017).