ATLANTIC BAY, INC., APPELLANT,

v.

TROPICAL RESTAURANTS, INC., AETNA CASUALTY AND SURETY, CO., APPELLEES

Citator

Cited By

• Rease v. Anheuser-Busch, Inc., 644 So. 2d 1383 (Fla. 1st DCA 1994)
  …ity and damages. . Scott v. Otis Elevator Co., 572 So. 2d 902, 903 (Fla.1990). . Section 90.408 has also been held not to apply when the offer of settlement was written prior to the initiation of the lawsuit. See HRJ Barbecue Co., Inc. v. Shapiro, 463 So. 2d 403 (Fla. 3d DCA 1985). Here, the 1991 letter was written prior to Rease's filing of her August 1991 complaint; thus, under Shapiro, the statutory prohibition would not apply. However, the holding in Shapiro has been questioned by a respected commentato…
• Bellamy v. Ameri-Pride, Inc., 157 So. 3d 1053 (Fla. 2d DCA 2014)
  …; the statute excludes evidence of an offer to compromise “a claim which was disputed as to validity or amount[.]” This record does not disclose whether Bellamy’s claim was disputed when he spoke to Michael Huck. See H.R.J. Bar-B-Q, Inc. v. Shapiro, 463 So. 2d 403, 404 (Fla. 3d DCA 1985) (holding that evidence of offer made to plaintiff when he was fired by defendant not inadmissible where there was no existing claim that was disputed as to liability or amount). Be that as it may, even disregarding Huck’s off…

Authorities Cited

• Helman v. Seaboard Coast Line R.R. Co. & William A. Cagle, 349 So. 2d 1187 (Fla. 1977)
• Keith v. Amrep Corp., 312 So. 2d 234 (Fla. 1st DCA 1975)
• Donnelly v. Marriott Corp., 266 So. 2d 183 (Fla. 3d DCA 1972)
• Breamfield v. The Hon. D. C. Smith, 351 So. 2d 368 (Fla. 4th DCA 1977)