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Nominal Proposals For Settlement Are Enforceable If Good Faith Basis Exists For Concluding That Exposure Is Minimal

In Miccosukee Tribe of Indians of Florida v. Lewis Tein, P.L. (Fla. 3d DCA June 19, 2019), a nominal proposal for settlement was upheld because the party making the proposal had a good-faith basis for concluding that its exposure was minimal. The underlying case involved a convoluted saga between the Miccosukee Tribe and its former […]

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Even With Clear Video Evidence, Summary Judgment Not Available If Video Contradicted By Witness Testimony

In Lopez v. Wilsonart (Fla. 5th DCA Jul 12, 2019), the Fifth DCA held that a trial court erred by granting summary judgment based upon video evidence. A question of fact existed because an eyewitness’s testimony differed from the video, even though the video completely contradicted an eyewitness’s testimony about the facts of the incident. […]

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Scott J. Edwards, P.A. Wins Appeal: Homeowner’s Association Improperly Excluded Clients’ Personal Trainer From The Community’s Fitness Center

Is a personal trainer in a fitness center like a call girl sitting at a clubhouse bar? This was the trial court’s analogy, rejected by a unanimous panel of the Fourth District Court of Appeal on case brought by Scott J. Edwards, P.A. and co-counsel Sajdera Kim, PLLC. Our clients are homeowners in a residential […]

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Florida Supreme Court Strikes Fresh Blow Against Nitpicking Proposals For Settlement

In a recent opinion, the Florida Supreme Court held that proposals for settlement were not ambiguous despite failing to address separate claims brought against codefendants. With its holding, the majority opinion reiterated its policy of discouraging the “nitpicking” of proposals for settlement, and expressed the court’s continued frustration that proposals for settlement seem to create […]