Jose Milton vs. John Reyes, 34 Fla. L. Wkly D2050a (Fla 3d DCA Oct. 7, 2009)

In this personal injury case, the trial court denied plaintiff’s motion for attorneys’ fees pursuant to an offer of judgment because it did not include a certificate of service, although it was accompanied by a “Notice of Service of Proposal for Settlement” that did in fact include a proper certificate of service.  Citing Campbell v. Goldman, 959 So. 2d 223 (Fla. 2007), the appellate court held that proposals for settlement are in derogation of the common law and therefore must be strictly construed.  Because Rule 1.442 requires that the proposal itself contain a certificate of service, the order denying the fee award was affirmed.

Jose Milton vs. John Reyes, 34 Fla. L. Wkly D2050a (Fla 3d DCA Oct. 7, 2009)