Reversal Due to "Apostrophe-Challenged"

By Anonymous -
Charlyn Bradshaw and Kenneth Bradshaw, her husband v. Boynton-JCP Associates, LTD, d/b/a Boynton Beach Mall and Simon Property Group, Inc., 38 Fla. L. Weekly D823a, Case No. 4D11-4242, issued April 10, 2013: A final judgment awarding attorney's fees pursuant to an offer of judgment  pursuant to s. 768.79, Fla. Statutes (2007) and Fla. R. Civ. P. 1.442, was reversed because it was "apostrophe-challenged" and, thus, ambiguous. Citing State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006), the appellate court stated that the issue is not whether it is "fair or logical to apply the requirements" of the rule, the offer must be sufficiently clear to allow the offeree to make a decision without clarification.
(From RPPTL Subcommittee) 
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

Comments

Post a Comment

Popular posts from this blog

The Dotted Line: When Contractors Can Walk Off the Job

By -
When general contractors or subcontractors sign on to construction projects, they usually start off believing everything will run smoothly. But, during the course of the work, issues sometimes arise that force all parties to go running back to their contracts in order to evaluate their options. One of those options for construction companies is to simply stop work, but contractors need to take care when making such a big decision. “Stopping work and ultimately terminating the contract is one of the most radical things you can do,” said Joseph McManus Jr., attorney and shareholder at law firm Carlton Fields.   Luckily, most of the circumstances under which contractors are clearly entitled to stop work are included in the most popular standard forms of contracts. Nonpayment The most common reason that contractors find it necessary to stop work, McManus said, is that they haven’t been paid for approved invoices. In that scenario, he said, contractors have the ...
Read more

"Mass-timber" Sees Greater Use in Roofing and Construction Projects in Europe

By -
Image
The use of "mass-timber," or prefabricated engineered wood components is becoming more common in construction and roofing applications in Europe. In projects such as the galleria roof of a central city building in Surrey, it helps meet demand for wood structures to add visual appeal. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com
Read more