Q: Name of document for Offer of Judgement
Hello,
If I want to make Offer of Judgement in civil case about deposit relates to real estate sales and purchase contract in Florida, can it be named "DEFENDANTS’ PROPOSAL FOR SETTLEMENT TO PLAINTIFF" or it should be named strictly "Offer of Judgement"?
And is this case, should it be reffered to both Fla. Stat. 768.79 and Fla. R. Civ. Pro. 1.442?
A:
It really doesn't matter what you title the document (perhaps the best is a combination of the above - "Plaintiff's Offer of Judgment")
You MUST refer to both the rule and statute. Offers of judgment are construed extremely narrowly, but you must make sure that you make the offer exactly according to the rule and the statute. The timeframe is set in stone. Lawyers have been tripped up on Offers of Judgment, so make certain that your offer is exactly what you intend to cover by the offer. You might be able to find an offer that's been filed on Google to use as a guide as far as format, etc.
1 user found this answer helpful
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