Wednesday, October 7, 2009

Proposal For Settlement Not Enforceable Without A Certificate of Service

In Milton v. Reyes (3D08-3121), the Third District held a proposal for settlement was not enforceable because it did not contain a certificate of service as required by Florida Rule of Civil Procedure 1.442.  The result was based upon te Florida Supreme Court's decision in Campbell v. Goldman, 959 So. 2d 223 (Fla. 2007) and was reached regardless of the fact that it was agreed the document was received.  The court disagreed with Jefferson v. City of Lake City, 965 So. 2d 174, 175 (Fla. 1st DCA 2007) and quoting  the dissent in Jefferson stated:
“[p]rudent counsel, being aware of [Campbell], may have well made a tactical decision not to respond to the offer of settlement in this case, confident that, because the form of the offer was defective, no sanctions could flow from rejection of the offer.” Id. (Kahn, J., dissenting). “The . . . result here may be viewed as strict, but it is certainly not harsh.” Id.


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