Proposals for Settlement and Email Notification
Is it valid? In Florida, if you’re involved in a lawsuit for damages, the other side might issue a proposal for settlement, or a settlement offer that has certain implications. There’s a statute and there’s also a rule that talks about under what circumstances if a proposal for settlement or offer of settlement, offer of judgment is offered and not accepted, you can get attorneys fees. That’s why this is so important.
Well a very recent case from the Florida Supreme Court, called the Wheaton case, addresses how you deliver that offer of settlement, that proposal for settlement by email. You need to read the Florida rules of judicial administration 2.516, ‘cause that’s what this Wheaton case does. Florida Supreme Court January 4th, 2019.
If you’re involved in a proposal for settlement, you need to read Florida rule of civil procedure 1.442. You also need to read a statute, 768.79. That talks all about the proposals for settlement, which some lawyers call offers of judgment. You may be able to get attorneys fees. But in addition to that, if you’re serving it by email, you need to understand that rule of judicial administration. And you need to read the Wheaton case.