DAPHNE CAMPBELL
v.
NACIVRE CHARLES

Fla. 3d DCA | 2023-04-05
No. 22-1770
Florida District Court of Appeal, Third District (2023)

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Holding

An offer of judgment made at a time when it is directed to a future, unscheduled trial period rather than the current trial period is timely and not a nullity.


Headnotes

[1] An offer of judgment is valid and timely when made at a time directed to a future, unscheduled trial period rather than the current trial period.

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Key Quotes

“If an Offer of Judgment is made at a point in time in which it appears, from the facts of the individual case, that the Offer of Judgment is not directed to the current trial period, but, rather, is intended for the next, as yet, unscheduled trial period, then in that situation, and in that situation only, the Offer of Judgment is not a nullity and is considered timely.”

Court's citation to Progressive Casualty Insurance Co. v. Radiology & Imaging Center of South Florida, Inc., 761 So. 2d 399, 400 (Fla. 3d DCA 2000)

Facts & Procedural History

Daphne Campbell appealed a decision in a case against Nacivre Charles in Miami-Dade County Circuit Court.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Progressive Cas. Ins. Co. v. Radiology & Imaging Ctr.

of S. Fla., Inc., 761 So. 2d 399, 400 (Fla. 3d DCA 2000) (“If an Offer of

Judgment is made at a point in time in which it appears, from the facts of the individual case, that the Offer of Judgment is not directed to the current trial period, but, rather, is intended for the next, as yet, unscheduled trial period,

then in that situation, and in that situation only, the Offer of Judgment is not a nullity and is considered timely.”).


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