In short: In Woodbridge Facility v. Hamilton (2d DCA, Nov. 1, 2024), a Tampa nursing home appealed a judgment won by a resident suing through her daughter and power of attorney. The Second DCA affirmed without opinion. According to the case description, the resident’s appellate fee claim based on her proposal for settlement was sent back to the trial court on entitlement.
What the Record and Arguments Showed
The appellant was Woodbridge Facility, Inc., doing business as Woodbridge Care Center. The appellee was Paulette Hamilton, suing through her daughter and durable power of attorney, Tequesta Allen.
According to the video description, the facility appealed a final judgment in a nursing home negligence and residents’ rights case from Hillsborough County.
The argument was heard September 24, 2024 at Stetson’s Tampa campus.
The description reports that the resident had served a proposal for settlement, and her motion for appellate fees under § 768.79 was remanded to the trial court to decide entitlement. Those details come from the description, not a written opinion.
The Decision
The Second District Court of Appeal affirmed with a one-word per curiam opinion (Case No. 2D2023-2236, Nov. 1, 2024; Judges Morris, Black and Smith).
A PCA means the court found no reversible error and gave no reasons. It sets no precedent.
The Law
Section 400.023 lets nursing home residents, or their representatives, sue for violations of residents’ rights. Section 768.79 and Rule 1.442 shift attorney’s fees when a defendant rejects a proposal for settlement and the plaintiff’s judgment is at least 25% more than the offer.
A durable power of attorney under chapter 709 can authorize an agent to bring claims for an incapacitated or frail principal.
Lessons
- Families can bring nursing home claims through a durable power of attorney while the resident is alive.
- A well-drafted proposal for settlement can make an appeal far more expensive for a nursing home that loses.
- Keep the power of attorney document current and broad enough to cover litigation.
- A PCA ends the appeal but leaves no written rule.
Watch the Oral Argument
This is the recording of the oral argument. Because the decision is a PCA, the arguments are context, not the court’s reasoning. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
A Nursing Home Loses Its Appeal and Faces § 768.79 Proposal-for-Settlement Fees | Woodbridge v. Hamilton, 2D2023-2236
Go Deeper
- A Daughter Became Her Mother’s Caregiver, and Was Convicted of Neglect (Sieniarecki v. State)
- When an Elderly Victim Dies Before Trial: The Elderly-Person Hearsay Exception (Conner v. State)
- Punitive Damages Against a Nursing Home Need Real Evidence First (Carpenters Home Estates v. Sanders)
Frequently Asked Questions
Can a family member sue a nursing home on a resident’s behalf in Florida?
Yes. A resident’s representative, including an agent under a durable power of attorney, can bring a § 400.023 claim.
What is a proposal for settlement?
A formal offer under § 768.79 and Rule 1.442 that can shift attorney’s fees to a party who rejects it and does significantly worse.
Do proposal-for-settlement fees include appellate fees?
They can. Courts often grant entitlement to appellate fees and leave the amount to the trial court.
What does a PCA mean?
The appellate court affirmed without explanation; it sets no precedent.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
