Sunday, May 16, 2010

Proposal For Settlement Conditioned Upon Acceptance of Two Defendants Is Not Valid

In Traynor v. Delmonico (4D09-881), the Fourth District affirmed the trial court's order concluding that a proposal for settlement conditioned upon the acceptance of two defendants is invalid.  The court quoted a recent decision of the Florida Supreme Court which stated:
a joint offer of settlement or judgment that is conditioned on the mutual acceptance of all of the joint offerees . . . is invalid and unenforceable because it is conditioned such that neither offeree can independently evaluate or settle his or her respective claim by accepting the proposal.
Attorneys Title Ins. Fund, Inc. v. Gorka, 35 Fla. L. Weekly S196 (Fla. Apr. 1, 2010).


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