Kansas R. Gooden recently obtained a per curiam affirmance from the First District Court of Appeal. The issue on appeal concerned whether the trial court properly setoff the attorney’s fees and costs awarded pursuant to a joint proposal for settlement against the jury award to the plaintiff. One defendant had served a proposal for settlement to the plaintiff. As a non-monetary condition, the proposal requested dismissal of the lawsuit against both defendants. The defense beat the proposal for settlement at trial. The trial court subsequently setoff the amount attorney’s fees as to both defendants. The plaintiff appealed and argued that fees should have only been set off against the serving defendant. Kansas maintained that, since this constitutes a joint proposal for settlement under Florida law, the setoff must be applied as to both defendants. The Court agreed.

Kansas is a Board Certified Appellate Specialist, is AV rated, and serves as the firm’s appellate practice group leader. She has extensive experience handling all types of civil appellate proceedings, including extraordinary writs and plenary appeals, in state and federal courts. She also provides trial and litigation support to attorneys throughout the state. Kansas is highly involved in the state and local bar associations and has served in many leadership roles. She currently is the Chair of the FDLA’s Amicus Committee and serves on the Board of Directors for the organization. Kansas is a frequent lecturer and travels the state presenting seminars and presentations on various topics to both attorneys and adjusters.

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