Today, in a decision from the First DCA, a party that won at the trial level on the merits, lost out on about 1.5 million dollars in fees being awarded under the offer of judgement statute Florida Statutes 768.79 because of the failure in the offer to specify a nominal amount for resolution of a punitive damages award. The literal inclusion of an offer to settle for $5 would have resulted in a million dollar award of fees being upheld. First DCA offer of judgment opinion