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....

14 January

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Equitable Relief: One seeking Equity MUST do Equity

Posted by David Adelstein

in Appeal, Trial Perspectives

How about this longstanding maxim: “One maxim of equity is that a litigant going into equity must go with clean hands, and another is that he who seeks equity must do equity.” Davis v. Verandah at Lake Grady Homeowners Association, Inc., 48 Fla.L.Weekly D142a (Fla. 2d DCA 2022) quoting Engebretsen v. Engebretsen, 11 So.2d 322, 329 (Fla. 1942). When you read it, it is hard to disagree with it, right? It just makes sense. In Davis, the 2007 plat for a subdivision was recorded by a developer. The developer subsequently advertised its subdivision as a deed-restricted community. The plaintiffs were interested...

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Proposal for Settlement / Offer of Judgment does NOT Apply to Claims where Equitable Relief is also Sought

Equitable Relief: One seeking Equity MUST do Equity