Many Florida attorneys have the following concerns about the Proposal for Settlement statute (section 768.79) and Rule 1.442 of the Florida Rules of Civil Procedure:
Not evaluating cases on the merits. Because of the threat of an adverse fee and cost judgment pursuant to the Proposal for Settlement statute, many attorneys feel that the statute causes litigants to settle a case without fully taking into consideration the merits of their case.
Amounts owed under the statute are often uncollectible. Even if there is a ruling in favor of a litigant for attorney’s fees and costs under the statute from the opposing party, many attorneys have found that the opposing party does not have the assets from which to collect the judgment.
The amount of litigation in Florida courts has seemingly not decreased.
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