La Cava & Jacobson, P.A.

Proposals for Settlement

The Florida Supreme Court on April 1, 2010, in the case of Attorney’s Title Insurance Fund, Inc. v. Joseph Gorka, 35 Fla. L. Weekly S196 (Fla. April 1, 2010), held that joint offers of settlement that were conditioned on the mutual acceptance of both property owners were invalid and unenforceable for purposes of imposing attorney’s fees pursuant to the Offer of Judgment Statute. The Florida Supreme Court held that joint offers conditioned on the mutual acceptance of all joint offerees were invalid and unenforceable because they were conditioned such that neither offeree could independently evaluate or settle his or her respective claim by accepting the proposal.