         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                        Nos. 1D16-4972
                             1D17-3532
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MOLLY A. BRUNSON,

    Appellant,

    v.

ADRIENNE ASHLEY, individually
and CATHY ASHLEY LANE, her
parent and natural guardian
during her minority,

    Appellee.
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On appeal from the Circuit Court for Okaloosa County.
John T. Brown, Judge.

                           May 2, 2019


PER CURIAM.

     The trial court ordered that defendant Molly Brunson was not
entitled to attorney’s fees and costs because her proposals for
settlement were invalid as they failed to address punitive
damages, even though punitive damages were not pled by the
plaintiffs, Ashley and Lane. This was error under Aguado v. Miller,
219 So. 3d 216, 217-18 (Fla. 1st DCA 2017) (finding that failure to
include a statement that the proposal for settlement did not
include punitive damages did not make the proposal invalid where
the plaintiff did not seek punitive damages in the complaint). We,
therefore, reverse the trial court’s order denying Brunson’s motion
to tax attorney’s fees and costs and remand for a determination of
the proper award. We also reverse the trial court’s final judgment
in favor of Ashley and Lane, and remand to the trial court for
determination of recoverable taxable costs in favor of Brunson. As
to the cross-appeal, we affirm.

     AFFIRMED in part, REVERSED in part, and REMANDED for
further proceedings.

B.L. THOMAS, C.J., and MAKAR and WINSOR, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Rhonda B. Boggess of Taylor, Day, Grimm & Boyd, Jacksonville,
and James A. McGhee of Kirkland McGhee & Gann, P.A.,
Pensacola, for Appellant.

Charles F. Beall, Jr., of Moore, Hill & Westmoreland, P.A.,
Pensacola, and David A. Simpson and Jonathan D. Simpson of
Simpson Law Firm, Fort Walton Beach, for Appellee.
