Florida Lawsuits: When is an offer of judgment invalid?
When is an offer of judgment invalid? Is a general offer to settle both equitable and damage claims permitted under section 769.79 of the Florida Statutes? When does section 768.79 apply? A November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc., discusses this issue.
In this appeal, Southern Specialties argues that the offer of judgment, upon which an attorneys fees and costs award was based, was defective. The Fourth DCA agreed and reversed the award of attorneys’s fees. The Fourth DCA explains that the offer of judgment was invalid because it was a general offer to settle both equitable and damage claims, which is not permitted under section 768.79, Florida Statutes. If an offer seeks to settle all claims, both equitable and monetary, the offer is invalid under the statute. To read the entire case, click here.