Haddad. Tonja 6/2612014 For Educational Use Only Kee v. Baptist Hosp. of Miami, Inc., 971 So.2d 814 (2007) 32 Fla. L. Weekly D2374 or tender 971 So.2d 814 District Court of Appeal of Florida, Third District. Thomas B. KEE and Helen Kee, Appellants, v. BAPTIST HOSPITAL OF MIAMI, INC., a Florida non-profit corporation; South Dade Healthcare Group, Ltd., d/b/a Deering Hospital; Allan Herskowitz, M.D.; Michael Latterman, D.O.; Inphynet Contracting Services, Inc.; South Florida Emergency Physicians, Inc.; Mitchell Gregg, M.D., Jorge Fleites, M.D. and Florida Patients Compensation Fund, Appellees. No. 3D06-2476. I Oct. 3, 2007. I Rehearing Denied Jan. 2, 2008. Synopsis Background: Patient brought medical malpractice action against hospital arising out of its alleged failure to diagnose and properly treat a stroke. After award of summary judgment in hospital's favor, the Circuit Court, Miami—Dade County, Scott Bernstein, J., awarded attorney fees and costs to hospital based on its having made a settlement proposal to patient that was not accepted. Patient appealed. Holding: The District Court of Appeal, Ramirez, J., held that settlement proposal was not ambiguous as to whether it extinguished any of patient's claims against other parties. Affirmed. West Headnotes (I) Costs S-Recovery less favorable than tender or offer Costs (iFEffect of offer of judgment or pretrial deposit Hospital's proposal to settle patient's medical malpractice case for $600, which required patient to execute a general release, to hold hospital harmless against "any and all existing, or potentially existing, liens or other claims which any person or entities may have on the damages sought," and to agree to extinguish any such liens or claims, was not ambiguous as to whether it extinguished any of patient's claims against other parties, and thus hospital was entitled to award of attorney fees and costs after prevailing on summary judgment; settlement