Choice of Law and Offers of Judgment
Southeast Floating Docks, Inc., et. al. v. Auto-Owners Insurance Company , Case No. SC11-285, filed February 2, 2012: In a certified question from the Eleventh Circuit Court of Appeals, the Supreme Court held that s. 768.79 regarding offers of judgment is substantive, and thus does NOT apply to contracts providing for the applicability of another state’s laws (Michigan) that don’t contain such a provision. In this case, a claim was filed on the contractor’s performance bond when a dispute arose for breach of contract. The surety refused the contractor’s offer of judgment to settle for $300,000, which then sought attorney fees after obtaining a judgment of no liability against the surety. (RPPTL Subcommittee). Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com