Proposal for Settlement / Offer of Judgment does NOT Apply to Claims where Equitable Relief is also Sought
A recent case confirms that the proposal for settlement / offer of judgment statute does not apply where claims for equitable relief are also sought. It only applies to claims for monetary relief. This means, strategically, there may be a reason why you should or should not assert a claim for equitable relief if the proposal for settlement / offer of judgment statute is otherwise the only basis to recover attorney’s fees. The claim for equitable relief would put a damper in the enforceability of any proposal for settlement / offer of judgment.
In Cornelius v. Haywood, 50 Fla.L.Weekly D2250a (Fla. 4th DCA 2025), a trial court denied a motion for attorney’s fees under the proposal for settlement / offer of judgment statute (see Fla. Stat. s. 768.79). The trial court held the proposal for settlement / offer of judgment statute “does not apply to actions involving both damages and equitable claims, even if the offer of judgment is directed only to the damages claims.” See Cornelius, supra. The appellate court affirmed since the proposal for settlement / offer of judgment statutes applies only to “any civil action for damages” and, thus, “[b]y its plain language, section 768.79 does not authorize fees for claims where equitable relief is also sought.” See Cornelius, supra.
Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.
