Jose Milton vs. John Reyes, 34 Fla. L. Wkly D2050a (Fla 3d DCA Oct. 7, 2009)

By Jason Baruch on October 23, 2009 5:38 PM | Permalink | Comments (0) | TrackBacks (0)

In this personal injury case, the trial court denied plaintiff's motion for attorneys' fees pursuant to an offer of judgment because it did not include a certificate of service, although it was accompanied by a “Notice of Service of Proposal for Settlement" that did in fact include a proper certificate of service. Citing Campbell v. Goldman, 959 So. 2d 223 (Fla. 2007), the appellate court held that proposals for settlement are in derogation of the common law and therefore must be strictly construed. Because Rule 1.442 requires that the proposal itself contain a certificate of service, the order denying the fee award was affirmed.

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This page contains a single entry by Jason Baruch published on October 23, 2009 5:38 PM.

Tarik, Inc. v. NNN Acquisitions, Inc., 34 Fla. L. Wkly D1977 (Fla. 4th DCA Sept. 30, 2009) was the previous entry in this blog.

Buck v. Chin, 34 Fla. L. Wkly. D2100 (Fla. 3d DCA Oct. 14, 2009) is the next entry in this blog.

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Brian Willis is licensed to practice law in Florida. He is an attorney with Becker & Poliakoff in the firm's Tampa Bay office, which is located at 311 Park Place Blvd., Suite 250, Clearwater, FL 33759.

Jason Baruch is licensed to practice law in Florida. He is an attorney with Trenam Kemker in the firm's Tampa Bay office, which is located at 101 E. Kennedy Boulevard, Suite 2700, Tampa, FL 33602.

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Jose Milton vs. John Reyes, 34 Fla. L. Wkly D2050a (Fla 3d DCA Oct. 7, 2009)

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