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