Do you know what an offer of judgment does? These may be able to get you attorney’s fees in West Palm Beachprobate lawsuits if you know how to use them properly. Failure to follow the specific guidelines could be disastrous though. Check out this recent case that went all the way up to the Florida Supreme Court because one party could not follow specific rules related to Florida’s Offer of Judgment Statute.
What is an Offer of Judgment?
- Have you ever heard of this term, offer of judgment?
- Alternatively this may be called an offer to settle or offer of settlement.
- The idea is pretty simple, rather than going to Court and having a trial the Parties agree to settle for a certain amount.
- So how do these allow for attorneys’ fees?
- The Florida Statute (and a corresponding Federal one) that controls offers of judgment allows these to be a basis for attorney’s fees.
- Basically if one party makes an offer and it is reasonable the other should accept that offer.
- To go to trial when there is a fair offer on the table is a waste of the Court’s valuable resources.
- So to punish those that waste the Court’s time you may be liable for attorney’s fees incurred after the offer is made, if the verdict is not in your favor.
- There are other specific rules you should discuss with your local Palm Beach probate attorney before you go to trial.
- These specifics are important.
Pratt v. Weiss et. al.
- This was an appeal to the Fourth District Court of Appeal in and for West Palm Beach that actually went all the way to the Florida Supreme Court.
- The issue on appeal was whether or not an Offer of Judgment was specific enough to entitle someone to use it as a basis for obtaining fees.
- This should highlight something, the specifics are important here.
- If you want to use an Offer of Judgment, follow the rules and pay attention to the details, they could get you in the end.
Want to learn more about offers of judgment in West Palm Beach?
Check out the entire case by clicking here.
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