DAPHNE CAMPBELL
v.
NACIVRE CHARLES
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An Offer of Judgment is timely and valid when made at a time when it is directed to a future, unscheduled trial period rather than the current trial period.
[1] An Offer of Judgment directed to a future, unscheduled trial period, as distinguished from the current trial period, is timely and valid.
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Join FLexlaw to unlock all legal intelligence“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 statement of the applicable legal standard for determining Offer of Judgment timeliness
Campbell appealed from a Circuit Court decision in Miami-Dade County involving an Offer of Judgment dispute against Charles.…
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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.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Progressive Cas. Ins. Co. v. Radiology & Imaging Ctr. of S. Fla., Inc., 761 So. 2d 399 (Fla. 3d DCA 2000)