PHANTOM OF BREVARD, INC., APPELLANT,

v.

BREVARD COUNTY, APPELLEE

Citator

Cited By

• Pena v. FOX, 198 So. 3d 61 (Fla. 2d DCA 2015)
  …cuments,” which - acted as a counteroffer and rejection of plaintiffs original settlement offer). An attempted acceptance can become a counteroffer “either by - adding additional terms or not meeting the terms of the-original offer.” Grant v. Lyons, 17 So. 3d 708, 711 (Fla. 4th DCA 2009). The release USAA delivered appears to have done both: it added parties beyond those Ms. Pena proposed to release in her original offer, and it materially deviated from the limitation Ms. Pena’s offer clearly expressed. The…
• Von Kuehlman v. Bank OF Am., N.A., 177 So. 3d 1282 (Fla. 5th DCA 2015)
  …that no modification occurred because of Borrower’s late acceptance.2 However, Borrower’s late acceptance of the modification operated as a counteroffer. See 2 Williston on Contracts §§ 6:56-6:57 (4th ed., updated May 2015); see also Grant v. Lyons, 17 So. 3d 708, 710-11 (Fla. 4th DCA 2009) (“Acceptances can turn into counteroffers either by adding additional terms or not meeting the terms of the original offer.”). On these undisputed facts, we conclude as a matter of law that Lender accepted the counteroffe…
• Gonzalez v. Claywell, 24 So. 3d 1260 (Fla. 1st DCA 2009)
  …f the agreement, but a “mere contingency” which did not defeat the settlement agreement. Robbie, 469 So. 2d at 1385. In accepting an offer, an insurance company can generally require the offeror to sign “usual” settlement documents. Grant v. Lyons, 17 So. 3d 708, 710 (Fla. 4th DCA 2009) (citing Nichols v. Martell, 612 So. 2d 657, 658 (Fla. 3d DCA 1993)). One such “usual” document implicit in any settlement is a release of the insurance company from liability or claims arising from the incident for which the…