ALBERT GHAZZAWIEH AND INSTALLATION CORP. & CONSTRUCTION, LLC
v.
JONY IGLESIAS
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In a post-trial appeal, the Fifth District Court of Appeal affirmed a trial court's denial of a motion to strike proposals for settlement that contained language conditioning acceptance on payment within a 30-day period. The court rejected the appellants' argument that the proposals improperly shortened the statutory 30-day acceptance period under Florida law.
The proposals for settlement did not violate the statutory requirements because a tender of payment and a written acceptance of the proposal could have been made simultaneously, and therefore the proposals did not shorten the time period for acceptance.
[1] A proposal for settlement conditioned upon payment within the relevant service period does not improperly shorten the time for acceptance if payment and acceptance can be…
[2] A proposal for settlement is not invalid for shortening the acceptance period when the offeror and offeree can effectuate payment and acceptance concurrently within the s…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a tender of payment and a written acceptance of the proposal for settlement could have been made simultaneously. Thus, we conclude that the proposals for settlement served below did not shorten the time period for acceptance.”
The court's core holding explaining why the conditioned proposals did not violate statutory requirements.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAfter prevailing at trial, Jony Iglesias sought attorney's fees based on proposals for settlement served by the defendants. The proposals for settleme…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
After prevailing at trial, Jony Iglesias (Plaintiff below) obtained an award of attorney's fees pursuant to his proposals for settlement. The proposals for settlement included language that "[t]his proposal is conditioned upon payment of this settlement proposal within the relevant 30–day service period." Appellants argue that the trial court erred in denying their motion to strike the proposals for settlement. We affirm.
In their initial brief, Appellants articulate a single basis in support of their argument that the proposals for settlement did not strictly conform to the requirements set forth in section 768.79, Florida Statutes (2017), and Florida Rule of Civil Procedure 1.442. Specifically, Appellants contend that the proposals for settlement improperly shortened the 30–day time period for acceptance of a proposal for settlement provided in section 768.79(4), Florida Statutes (2017), and rule 1.442(f)(1). We reject that argument. As Iglesias correctly observes, a tender of payment and a written acceptance of the proposal for settlement could have been made simultaneously. Thus, we conclude that the proposals for settlement served below did not shorten the time period for acceptance.
Our affirmance of the trial court's order should not be construed as a determination that the proposals for settlement at issue strictly complied with 2 section 768.79 and rule 1.442. Rather, our opinion reflects a rejection of the sole argument made on appeal by Appellants on the issue.
AFFIRMED.
EVANDER, EISNAUGLE and WOZNIAK, JJ., concur. 3