Latest Trends Favor Enforcing Offers Of Judgment In Fla.

By Andrew Steif (April 5, 2018, 4:55 PM EDT) -- For many years, it appeared that offers of judgment / proposals for settlement under Section 768.79, Florida Statutes and Rule 1.442, Florida Rules of Civil Procedure were subject to such heightened judicial scrutiny that a party serving such an offer could have no reasonable certainty as to its enforceability. The difficulty in sustaining an award of attorneys' fees based upon an offer of judgment informed litigation and settlement strategy in a number of ways. Over the last three years however, there has been a significant trend in the courts towards a common-sense, reasonable approach to evaluating offers of judgment. This article provides a summary of significant offer of judgment rulings from Florida's District Courts of Appeal and the Florida Supreme Court since the beginning of 2015 in order to allow practitioners the opportunity to quickly understand the effect of these recent trends on offers of judgment in Florida....

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