FL Supreme Court amends Florida Rule of Civil Procedure 1.442 to exclude non-monetary terms.

On its own motion, the Florida Supreme Court amended the Proposal for Settlement Rule to conform with the substantive elements of Florida’s settlement proposal statute, Section 768.79, Florida Statutes (2021). With the new amendment, defendants can no longer require that a settlement release be attached or signed with a proposal for settlement. Prior to the amendment, it was customary for defendants to attach a proposed settlement release to the proposal, which indicated the release must be signed as a condition of the proposal. It is likely this change to the Rule will curb defendants’ use of proposals for settlement as a tool to affect settlement as they will not be able to obtain any release or assurance protecting their interests, other than a voluntary dismissal of the claim with prejudice. The Amendment takes effect July 1, 2022, and is not retroactive. 

^{Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}