Jones v. Publix Supermarkets, Inc. – Proposal for Settlement

My colleague, Perry Adair, writes on Becker and Poliakoff’s Business Litigation Perspectives Blog, about a recent decision from the Fourth DCA regarding Proposals for Settlement:  

The Proposal summarized the contemplated release thusly: “[Jones] will execute a full release of liability in favor of Publix Supermarket Inc., a Florida Corporation and it’s [sic] affiliated insurance company, and a Stipulation for Voluntary Dismissal.” The trial court felt that was not a sufficient summary.

. . .

The Jones opinion closes with the court acknowledging it is the preferred practice for a Proposal to set forth the terms of a release particularly either within the Proposal or by attaching the proposed release.  Nevertheless, on the Jones facts, the Proposal was found enforceable.

The time has come to amend the Proposal rule to eliminate this type of uncertainty.  Clearly, it is the best practice to attach to the Proposal all documents that are to be signed if the Proposal is accepted. So let’s put that in the rule.

Jones v. Publix Supermarkets, Inc., 36 Fla. L. Weekly D1966 (4th DCA Sept. 7, 2011)