Florida Proposal for Settlement Case 768.79

A unique, and, often misunderstood, Florida Law can get you attorneys fees under the right circumstances. We have previously written about Florida Statute 768.79 and Florida Rule of Procedure 1. 442. A recent, March 17, 2021, appellate opinion from the 2nd District Court of Appeal tells us more about what some lawyers call the “offer of judgment” statute. We have previously written about service of proposals for settlement. So called “Fee Shifting” statutes are common in Florida Probate and Trust matters. They are less common, almost non-existent, in tort cases.

Ending Litigation or Creating More?

The proposal for settlement statute was intended to limit litigation. But it causes a lot of motions to be filed and a lot of appeals to be taken. Want to read a recent 2nd DCA case about Florida proposal for settlement or offer of judgment? Then simply click on Arizone v. Homeowners Choice Property & Casualty Ins. Co., Inc. You also need to read Florida Rule of Civil Procedure 1.442. “A proposal for settlement can be an effective way to end a lawsuit” says Florida litigation attorney John Pankauski. He spends time preparing Florida proposals for settlement and reviewing them when they are sent to his clients. “They can also be an effective way to seek attorneys fees” Pankauski continues. That’s because Florida follows the “American Rule”. The American Rule says that each party pays their own attorneys unless there is a statute or a contract. “In many non-contract cases, a settlement proposal under the statute and Rule may be your only chance to get fees ” says Pankauski. But be careful, he warns. After all, if you propose a settlement, the other side just may take it.