Baratta v. Bradford Electric, Inc.
9 So. 3d 694 (Fla. 4th DCA 2009) (April)
A proposal for settlement was made to the plaintiff pursuant to section 768.79, Florida Statutes (2008) and Florida Rule of Civil Procedure 1.442 which was not accepted within 30 days. After that time period expired, the plaintiff asked for and was granted an addition 20 days to make a decision regarding the settlement offer. Within that 20 day period, the plaintiff accepted the settlement offer and signed a Release of Claims and Hold Harmless Agreement. The plaintiff later decided he, in fact, did not want to settle, and argued that his acceptance was not binding since it did not come within the original 30 day period. The trial court granted the defense’s motion to enforce the settlement and the appellate court affirmed. The district court noted that the plaintiff had not expressly rejected the settlement within the 30 day period and that a valid offer and acceptance had taken place.