Offer of Judgment Found Invalid

Regions Bank v. Paul Rhodes and Sunset Lakes of St. Lucie, LLC, 38 Fla. L. Weekly D2400a, Case No. 4D13-72, filed November 20, 2013: Offer of judgment pursuant to s.Kuvin v. Keller Ladders, Inc., 797 So. 2d 611 (Fla. 3d DCA 2001) and Shoppes of Liberty City, LLC v. Sotolongo, 932 So. 2d 468 (Fla. 3d DCA 2006), but certified the conflict in light of Campbell v. Goldman, 959 So. 2d 223 (Fla. 2007), which found an offer of judgment invalid because it failed to cite the statutory provisions in addition to the rule citation.768.79(1) and FRCP 1.441 ("settlement proposals") was found to be invalid because it was served by the defendant (Regions Bank) less than 90 days after it had been made a party by filing of an amended complaint (although it was served more than 90 days after filing of original complaint). The court found rejected the "mere technical violation" rationale adopted in

(From Construction Regulation Subcommittee Monthly Report 11/2013)

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

Comments

  1. Nice Post
    "All Stars Roofing is a Roofing company Offering Roof Repair and Roofing installation services in Oakville, Burlington, Mississauga, Etobicoke, Halton Hills."
    Hamilton Roofing
    Roof Repair Mississauga
    Roofing Companies Oakville
    Roofing Oakville
    Roofing Burlington

    ReplyDelete

Post a Comment

Popular posts from this blog

Pleading Elements of Unjust Enrichment

Pleading Elements of Fraud in the Inducement

Pleading Elements of Fraudulent Misrepresentation