Jared Schmelzer v. Dean Frankel

Summary

The Florida Third District Court of Appeal affirmed the final judgment but reversed an attorney-fee award based on a rejected 2018 proposal for settlement. The court held that the proposal was unenforceable because it required a release without attaching the release or sufficiently summarizing its terms, contrary to the applicable statute and rule.

Holdings

1. Under the 2018 version of section 768.79 and Florida Rule of Civil Procedure 1.442, a proposal for settlement that requests a release but does not attach the release or sufficiently summarize its terms is unenforceable.
2. The order awarding attorney's fees based on the unenforceable proposal for settlement must be reversed.

Questions Presented

1. Whether the 2018 proposal for settlement was enforceable when it requested a release but did not attach the release or sufficiently summarize its terms.
2. Whether the trial court's attorney's-fee award based on that proposal should be upheld.
3. Whether the final judgment should be affirmed.

Disposition

other