The Blog of Legal Citations

Vacating a Default Judgment: In favor

Florida's courts have a longstanding policy favoring the adjudication of lawsuits on the merits, “especially in such cases where reasonable doubt of the matter exists.” Markowski v. Attel Bank Int'l, 701 So.2d 416, 417 (Fla. 3d DCA 1997).

Acceptance of Offer of Judgment After Entry of Summary Judgment

Add this to the ever-growing morass which is Florida’s Offer of Judgment statute and rule.

From the growing “tell us how you really feel” file:

Kroener v. Fla. Ins. Guar. Ass'n, 63 So. 3d 914 (Fla. 4th DCA 2011)

Noting that Florida law permits an offeree to rescind an offer of judgment at any time, Fourth DCA holds entry of summary judgment while offer of judgment pending terminates offeree’s ability to accept offer, and that an opposite determination would “totally defeat the ends of justice and allow a mockery of the judicial system.”