Florida Statute 45.61 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS

View Entire Chapter

F.S. 45.061

45.061 Offers of settlement.—

(1) At any time more than 60 days after the service of a summons and complaint on a party but not less than 60 days (or 45 days if it is a counteroffer) before trial, any party may serve upon an adverse party a written offer, which offer shall not be filed with the court and shall be denominated as an offer under this section, to settle a claim for the money, property, or relief specified in the offer and to enter into a stipulation dismissing the claim or to allow judgment to be entered accordingly. The offer shall remain open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree. An offer that is neither withdrawn nor accepted within 45 days shall be deemed rejected. The fact that an offer is made but not accepted does not preclude the making of a subsequent offer. Evidence of an offer is not admissible except in proceedings to enforce a settlement or to determine sanctions under this section.

(2) If, upon a motion by the offeror within 30 days after the entry of judgment, the court determines that an offer was rejected unreasonably, resulting in unnecessary delay and needless increase in the cost of litigation, it may impose an appropriate sanction upon the offeree. In making this determination the court shall consider all of the relevant circumstances at the time of the rejection, including:

(a) Whether, upon specific request by the offeree, the offeror had unreasonably refused to furnish information which was necessary to evaluate the reasonableness of the offer.

(b) Whether the suit was in the nature of a “test case,” presenting questions of far-reaching importance affecting nonparties.

An offer shall be presumed to have been unreasonably rejected by a defendant if the judgment entered is at least 25 percent greater than the offer rejected, and an offer shall be presumed to have been unreasonably rejected by a plaintiff if the judgment entered is at least 25 percent less than the offer rejected. For the purposes of this section, the amount of the judgment shall be the total amount of money damages awarded plus the amount of costs and expenses reasonably incurred by the plaintiff or counter-plaintiff prior to the making of the offer for which recovery is provided by operation of other provisions of Florida law.

(3) In determining the amount of any sanction to be imposed under this section, the court shall award:

(a) The amount of the parties’ costs and expenses, including reasonable attorneys’ fees, investigative expenses, expert witness fees, and other expenses which relate to the preparation for trial, incurred after the making of the offer of settlement; and

(b) The statutory rate of interest that could have been earned at the prevailing statutory rate on the amount that a claimant offered to accept to the extent that the interest is not otherwise included in the judgment.

The amount of any sanction imposed under this section against a plaintiff shall be set off against any award to the plaintiff, and if such sanction is in an amount in excess of the award to the plaintiff, judgment shall be entered in favor of the defendant and against the plaintiff in the amount of the excess.

(4) This section shall not apply to any class action or shareholder derivative suit or to matters relating to dissolution of marriage, alimony, nonsupport, eminent domain, or child custody.

(5) Sanctions authorized under this section may be imposed notwithstanding any limitation on recovery of costs or expenses which may be provided by contract or in other provisions of Florida law. This section shall not be construed to waive the limits of sovereign immunity set forth in s. 768.28.

(6) This section does not apply to causes of action that accrue after the effective date of this act.

History.—s. 1, ch. 87-249; s. 22, ch. 90-119.

F.S. 45.061 on Google Scholar

F.S. 45.061 on CourtListener

Amendments to 45.061

Annotations, Discussions, Cases:

Cases Citing Statute 45.061

Total Results: 106

McMahan v. Toto

311 F.3d 1077, 2002 U.S. App. LEXIS 23059, 2002 WL 31477305

Court of Appeals for the Eleventh Circuit | Filed: Nov 6, 2002 | Docket: 64097858

Cited 101 times | Published

A. TOTO, hereby offers pursuant to Fla. Stat. § 45.061 to settle this case for the amount of $100.00

TGI Friday's, Inc. v. Dvorak

663 So. 2d 606, 1995 WL 500366

Supreme Court of Florida | Filed: Aug 24, 1995 | Docket: 1313662

Cited 77 times | Published

Florida Rule of Civil Procedure 1.442 (1990). Section 45.061 reads as follows: (1) At any time more than

D. Bruce McMahan Nemesis Veritas, F.K.A., McMahan & Company v. William A. Toto, D. Bruce McMahan Nemesis Veritas, F.K.A. McMahan & Company, Plaintiffs-Appellants-Cross-Appellees v. William A. Toto, Defendant-Appellee-Cross-Appellant

311 F.3d 1077

Court of Appeals for the Eleventh Circuit | Filed: Nov 6, 2002 | Docket: 197946

Cited 67 times | Published

A. TOTO, hereby offers pursuant to Fla. Stat. § 45.061 to settle this case for the amount of $100.00

Schmidt v. Fortner

629 So. 2d 1036, 1993 WL 538238

District Court of Appeal of Florida | Filed: Dec 29, 1993 | Docket: 1677518

Cited 54 times | Published

were not entitled to fees as a sanction under section 45.061(2) did not, however, dispose of the issue of

Timmons v. Combs

608 So. 2d 1, 1992 WL 156471

Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 1449120

Cited 45 times | Published

then sought costs and attorney's fees under section 45.061, Florida Statutes (1989), for Combs' unreasonable

Sarkis v. Allstate Ins. Co.

863 So. 2d 210, 28 Fla. L. Weekly Supp. 740, 119 A.L.R. 5th 611, 2003 Fla. LEXIS 1710, 2003 WL 22250352

Supreme Court of Florida | Filed: Oct 2, 2003 | Docket: 1432415

Cited 36 times | Published

768.79, and in 1987, the Legislature enacted section 45.061, Florida Statutes (1987).[6] In 1988, we requested

Nordyne v. Florida Mobile Home Supply

625 So. 2d 1283, 1993 Fla. App. LEXIS 10648, 1993 WL 419166

District Court of Appeal of Florida | Filed: Oct 20, 1993 | Docket: 474261

Cited 34 times | Published

before trial, thereby failing to comply with section 45.061 and rule 1.442; and they were all withdrawn

Leapai v. Milton

595 So. 2d 12, 1992 WL 10807

Supreme Court of Florida | Filed: Jan 23, 1992 | Docket: 1708890

Cited 29 times | Published

(Fla. 5th DCA 1990), in which that court held section 45.061, Florida Statutes (1987), concerning offers

Tanker Management, Inc. v. Bruce C. Brunson, M.D., Tanker Management, Inc., the London Steam-Ship Owner's Mutual Insurance Association Limited v. Bruce C. Brunson, M.D.

918 F.2d 1524, 20 Fed. R. Serv. 3d 1341, 1990 U.S. App. LEXIS 21556

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 1990 | Docket: 194919

Cited 25 times | Published

procedural and not substantive, Rule 68 preempts section 45.061 under Erie Railroad Co. v. Tompkins, 304 U

Fisher v. John Carter and Associates, Inc.

864 So. 2d 493, 2004 WL 32668

District Court of Appeal of Florida | Filed: Jan 7, 2004 | Docket: 1727525

Cited 24 times | Published

(offer of judgment and demand for judgment) and section 45.061(2), Florida Statutes (1987) (offers of settlement)

White v. Steak and Ale of Florida, Inc.

816 So. 2d 546, 2002 WL 571649

Supreme Court of Florida | Filed: Apr 18, 2002 | Docket: 1565600

Cited 22 times | Published

require evenhanded comparisons. For example, Section 45.061, Florida Statutes (1997), which applies to

Richard DeLisle v. Crane Co.

258 So. 3d 1219

Supreme Court of Florida | Filed: Oct 15, 2018 | Docket: 8030090

Cited 18 times | Published

595 So.2d 12, 14 (Fla. 1992) (holding that section 45.061, Florida Statutes (1987), was not unconstitutional

Metropolitan Dade County v. Jones Boatyard, Inc.

611 So. 2d 512, 18 Fla. L. Weekly Supp. 43, 1993 Fla. LEXIS 2, 1993 WL 1332

Supreme Court of Florida | Filed: Jan 7, 1993 | Docket: 1757332

Cited 18 times | Published

the same manner as offers of settlement under section 45.061, Florida Statutes (1989). Second, Metro Dade

Makar v. Investors Real Estate Management, Inc.

553 So. 2d 298, 1989 WL 145725

District Court of Appeal of Florida | Filed: Nov 30, 1989 | Docket: 1259226

Cited 18 times | Published

(Fla. 3d DCA July 25, 1989). Similarly, under section 45.061(2), the party who made an offer of judgment

Menchise v. Akerman Senterfitt

532 F.3d 1146, 2008 U.S. App. LEXIS 13970, 2008 WL 2597046

Court of Appeals for the Eleventh Circuit | Filed: Jul 2, 2008 | Docket: 399199

Cited 16 times | Published

plaintiff rejected: a proposal for settlement under section 45.061 of the Florida Statutes, an offer of judgment

Menchise v. Akerman Senterfitt

532 F.3d 1146, 2008 U.S. App. LEXIS 13970, 2008 WL 2597046

Court of Appeals for the Eleventh Circuit | Filed: Jul 2, 2008 | Docket: 399199

Cited 16 times | Published

plaintiff rejected: a proposal for settlement under section 45.061 of the Florida Statutes, an offer of judgment

Gulliver Academy, Inc. v. Bodek

694 So. 2d 675, 1997 WL 45087

Supreme Court of Florida | Filed: Feb 6, 1997 | Docket: 1450586

Cited 16 times | Published

motion for costs and attorney fees pursuant to section 45.061(2), Florida Statutes (1987). The trial court

Knealing v. Puleo

675 So. 2d 593, 1996 WL 336080

Supreme Court of Florida | Filed: Jun 20, 1996 | Docket: 2448545

Cited 16 times | Published

applies to demands for judgment as well. [5] Section 45.061, Florida Statutes (1987), which concerned offers

Pippin v. Latosynski

622 So. 2d 566, 1993 WL 288735

District Court of Appeal of Florida | Filed: Aug 4, 1993 | Docket: 1529059

Cited 15 times | Published

denied the motion for sanctions, finding only section 45.061 and rule 1.442 applicable, and concluding that

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110, 1992 WL 163953

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686576

Cited 15 times | Published

R.Civ.P. concerning offers of judgment and section 45.061, Florida Statutes (1985), concerning offers

BDO Seidman v. British Car Auctions, Inc.

802 So. 2d 366, 2001 WL 1335013

District Court of Appeal of Florida | Filed: Oct 31, 2001 | Docket: 1698945

Cited 14 times | Published

(Fla.1992), ruled on the constitutionality of section 45.061, Florida Statutes (1987). [4] It appears that

Glantzis v. State Auto. Mut. Ins. Co.

573 So. 2d 1049, 1991 WL 11651

District Court of Appeal of Florida | Filed: Feb 6, 1991 | Docket: 570353

Cited 12 times | Published

4th DCA 1989), involving the application of section 45.061, Florida Statutes (1987). We there held that

Perez v. Circuit City Stores, Inc.

721 So. 2d 409, 1998 WL 821730

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 1694693

Cited 11 times | Published

require evenhanded comparisons. For example, Section 45.061, Florida Statutes (1997), which applies to

Milton v. Leapai

562 So. 2d 804, 1990 WL 71774

District Court of Appeal of Florida | Filed: May 31, 1990 | Docket: 1256062

Cited 10 times | Published

and awarding her attorney's fees pursuant to section 45.061, Florida Statutes (1987). In the final judgment

Aspen v. Bayless

552 So. 2d 298, 1989 WL 137744

District Court of Appeal of Florida | Filed: Nov 15, 1989 | Docket: 1663507

Cited 10 times | Published

even stronger in sections 45.061 and 768.79. Section 45.061(3)(a) refers to "[t]he amount of the parties'

Hemmerle v. Bramalea, Inc.

547 So. 2d 203, 1989 WL 69123

District Court of Appeal of Florida | Filed: Jun 28, 1989 | Docket: 1738679

Cited 10 times | Published

rejection of an offer of settlement pursuant to section 45.061, Florida Statutes (1987). Appellant first suggests

Richardson v. Honda Motor Co., Ltd.

686 F. Supp. 303, 1988 U.S. Dist. LEXIS 5261, 1988 WL 58415

District Court, M.D. Florida | Filed: Jun 7, 1988 | Docket: 793243

Cited 10 times | Published

Inc.'s motion to determine the applicability of § 45.061, Florida Statutes, filed May 13, 1988, and response

Wright v. Caruana

640 So. 2d 197, 1994 WL 398338

District Court of Appeal of Florida | Filed: Aug 2, 1994 | Docket: 1371137

Cited 8 times | Published

Civil Procedure 1.442[2] and Florida Statutes Section 45.061 govern offers of judgment. However, the Caruanas'

Gross v. Albertson's, Inc.

591 So. 2d 311, 1991 WL 275558

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 541232

Cited 8 times | Published

attorney's fees to a victorious defendant under section 45.061, Florida Statutes (1989). We affirm. The appellants

Gortz v. LYTAL, REITER, CLARK, SHARPE

769 So. 2d 484

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 1739140

Cited 7 times | Published

Reiter did not move for attorney's fees under section 45.061, Florida Statutes (1995), until October 4,

Buchanan v. Allstate Ins. Co.

629 So. 2d 991, 1993 WL 534721

District Court of Appeal of Florida | Filed: Dec 28, 1993 | Docket: 1263575

Cited 7 times | Published

approved the Second District's interpretation of section 45.061 in A.G. Edwards & Sons, Inc. v. Davis, 559

Baker Protective Services v. FP INC.

659 So. 2d 1120, 1995 WL 421874

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 1462982

Cited 6 times | Published

rule in Phillips to settlement offers under Section 45.061); cf. Lee County v. Sager, 595 So.2d 177 (Fla

Stouffer Hotel Co. v. Teachers Insurance

944 F. Supp. 874, 1995 U.S. Dist. LEXIS 21334, 1995 WL 904575

District Court, M.D. Florida | Filed: May 3, 1995 | Docket: 970233

Cited 6 times | Published

an inquiry into the meaning and history of Section 45.061, Florida Statutes; Section 768.79, Florida

Hallac v. Hallac

88 So. 3d 253, 2012 Fla. App. LEXIS 3248, 2012 WL 635111

District Court of Appeal of Florida | Filed: Feb 29, 2012 | Docket: 60308214

Cited 5 times | Published

settlement.” Id. The court noted that “[i]n fact, section 45.061(4), Florida Statutes, specifically exempts

Bifulco v. Patient Business & Financial Services, Inc.

39 So. 3d 1255, 30 I.E.R. Cas. (BNA) 1689, 35 Fla. L. Weekly Supp. 368, 2010 Fla. LEXIS 989, 2010 WL 2518200

Supreme Court of Florida | Filed: Jun 24, 2010 | Docket: 1656343

Cited 5 times | Published

be subject to the provisions of s. 768.28."); § 45.061(5), Fla. Stat. (2004) ("This section shall not

Aue v. Aue

685 So. 2d 1388, 22 Fla. L. Weekly Fed. D 162

District Court of Appeal of Florida | Filed: Jan 10, 1997 | Docket: 2574509

Cited 5 times | Published

658 So.2d 1246 (Fla. 4th DCA 1995). In fact, section 45.061(4), Florida Statutes, specifically exempts

Dvorak v. TGI FRIDAY'S INC.

639 So. 2d 58, 1994 WL 150178

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 1310333

Cited 5 times | Published

three different offers of judgment, one under section 45.061, Florida Statutes (1987), one under section

Brodose v. School Bd. of Pinellas County

622 So. 2d 513, 1993 WL 274424

District Court of Appeal of Florida | Filed: Jul 21, 1993 | Docket: 1735642

Cited 5 times | Published

offers of judgment and settlement made under section 45.061, Florida Statutes (1989), section 768.79, Florida

BOARD OF COUNTY COMM'RS v. Sawyer

620 So. 2d 757, 1993 WL 184570

Supreme Court of Florida | Filed: Jun 3, 1993 | Docket: 1387569

Cited 5 times | Published

public defender or court appointed attorney); § 45.061(3)(a), Fla. Stat. (1989) (court may impose sanction

Gilman Yacht Sales v. First Nat. Bank

600 So. 2d 1131

District Court of Appeal of Florida | Filed: Feb 19, 1992 | Docket: 1527810

Cited 5 times | Published

unreasonable refusal of a settlement *1134 offer under section 45.061, Florida Statutes (1987). The trial court granted

Miller v. Wallace

591 So. 2d 971, 1991 WL 259953

District Court of Appeal of Florida | Filed: Dec 12, 1991 | Docket: 541340

Cited 5 times | Published

denial of his motion for sanctions, pursuant to section 45.061. This ruling is affirmed. Milton v. Leapai

AG Edwards & Sons, Inc. v. Davis

559 So. 2d 235, 1990 WL 15919

District Court of Appeal of Florida | Filed: Feb 23, 1990 | Docket: 1751381

Cited 5 times | Published

pursuant to section 45.061, Florida Statutes (1987). The appellants contend that section 45.061 unconstitutionally

Wight v. Wight

880 So. 2d 692, 2004 WL 895854

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 1294893

Cited 4 times | Published

for litigating amount of fees sought pursuant to § 45.061, Fla. Stat. (1987), in an action involving breach

Lee County v. Pierpont

693 So. 2d 994, 1997 WL 24312

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 1524494

Cited 4 times | Published

binding on a party's position at trial. See, e.g., § 45.061 (offers of settlement); § 73.032 (offers of judgment

Ong v. Mike Guido Properties

668 So. 2d 708, 1996 Fla. App. LEXIS 1765, 1996 WL 86535

District Court of Appeal of Florida | Filed: Mar 1, 1996 | Docket: 1290414

Cited 4 times | Published

court addressed a constitutional challenge to section 45.061, Florida Statutes (1987), which governed the

Gilbert v. K-Mart Corp.

664 So. 2d 335, 1995 Fla. App. LEXIS 12753, 1995 WL 735475

District Court of Appeal of Florida | Filed: Dec 14, 1995 | Docket: 1656111

Cited 4 times | Published

motion for attorney's fees filed pursuant to section 45.061(2), Florida Statutes (1987). Because we conclude

Wilson Ins. Services v. W. Am. Ins.

608 So. 2d 857, 1992 WL 279940

District Court of Appeal of Florida | Filed: Oct 14, 1992 | Docket: 1449540

Cited 4 times | Published

requires a judgment in plaintiff's favor, but section 45.061 permits an award of attorney's fees where a

Lennar Corporation v. Muskat

595 So. 2d 968, 1992 Fla. App. LEXIS 539, 1992 WL 12085

District Court of Appeal of Florida | Filed: Jan 28, 1992 | Docket: 1709079

Cited 4 times | Published

rejected an offer of settlement pursuant to section 45.061, Florida Statutes (1987), the jury returned

Winn Dixie Stores, Inc. v. Elbert

590 So. 2d 15, 1991 WL 248413

District Court of Appeal of Florida | Filed: Nov 27, 1991 | Docket: 1512599

Cited 4 times | Published

offer of settlement to plaintiff pursuant to section 45.061, Florida Statutes (1987), again offering $250

Westover v. Allstate Insurance Co.

581 So. 2d 988, 1991 WL 115605

District Court of Appeal of Florida | Filed: Jun 26, 1991 | Docket: 1683927

Cited 4 times | Published

conflict with the Third District insofar as section 45.061 is concerned. In Memorial Sales, Inc. v. Pike

Timmons v. Combs

579 So. 2d 840, 1991 WL 75662

District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 1377236

Cited 4 times | Published

to recover attorney's fees and costs under section 45.061, Florida Statutes (1989), for the appellee/plaintiff's

Memorial Sales, Inc. v. Pike

579 So. 2d 778, 1991 WL 72024

District Court of Appeal of Florida | Filed: May 7, 1991 | Docket: 1728698

Cited 4 times | Published

defendants filed an offer of settlement pursuant to section 45.061, Florida Statutes (1987), in the amount of

Tierra Holdings, Ltd. v. Mercantile Bank

78 So. 3d 558, 2011 Fla. App. LEXIS 7152, 2011 WL 1879200

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2354383

Cited 3 times | Published

the major components of section 768.79 and section 45.061.[4]Sarkis, 863 So.2d at 219-20. In 1990, the

Boardman Petro. v. Tropic Tint of Jupiter

668 So. 2d 308, 1996 WL 71262

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 1686975

Cited 3 times | Published

trial court's award of attorney's fees under section 45.061 based upon its finding that appellants unreasonably

Glatthorn v. United States

818 F. Supp. 1548, 71 A.F.T.R.2d (RIA) 1878, 1993 U.S. Dist. LEXIS 5250, 1993 WL 121301

District Court, S.D. Florida | Filed: Apr 13, 1993 | Docket: 978544

Cited 3 times | Published

GLATTHORN filed an Offer of Judgment pursuant to Section 45.061, Florida Statutes,[2] in the amount of $45

Reinhardt v. Bono

564 So. 2d 1233, 1990 WL 108829

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 1689043

Cited 3 times | Published

rule 1.442. Santiesteban. Section 768.79 and section 45.061 took effect July 1, 1986 and July 7, 1987 respectively

Florida Carry, Inc. v. University of Florida

180 So. 3d 137, 2015 Fla. App. LEXIS 16115, 2015 WL 6567665

District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60252329

Cited 2 times | Published

be subject to the provisions of s. 768.28.’); § 45.061(5), Fla. Stat. (2004) (‘This section shall not

In Re Amendments to Rules of Civ. Procedure

966 So. 2d 943, 32 Fla. L. Weekly Supp. 606, 2007 Fla. LEXIS 1788, 2007 WL 2790745

Supreme Court of Florida | Filed: Sep 27, 2007 | Docket: 1679427

Cited 2 times | Published

rule 1.442 concerning offers of judgment and section 45.061, Florida Statutes (1985), concerning offers

Gortz v. Lytal, Reiter, Clark, Sharpe, Roca, Fountain & Williams

769 So. 2d 484, 2000 Fla. App. LEXIS 13504, 2000 WL 1532812

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 64801086

Cited 2 times | Published

Reiter did not move for attorney’s fees under section 45.061, Florida Statutes (1995), until October 4,

Curenton v. Chester

576 So. 2d 969, 1991 WL 44910

District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 1669882

Cited 2 times | Published

such offer... . (emphasis added) Similarly, section 45.061(2) states that a party who has made an offer

Norris & Associates of Naples, Inc. v. Elkins

570 So. 2d 1386, 1990 WL 202690

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 1348942

Cited 2 times | Published

Services, Inc., 561 So.2d 469 (Fla. 2d DCA 1990) (section 45.061); Kline v. Publix Supermarkets, Inc., 568 So

Williams v. Arai Hirotake, Ltd.

731 F. Supp. 1557, 1990 U.S. Dist. LEXIS 2591, 1990 WL 26140

District Court, S.D. Florida | Filed: Feb 16, 1990 | Docket: 1743756

Cited 2 times | Published

Mathis, but an offer of judgment. See Fla.Stat. § 45.061 (1987) (offers of settlement); § 768.79 (1986)

Amendments to the Florida Rules of Civil Procedure

858 So. 2d 1013, 28 Fla. L. Weekly Supp. 797, 2003 Fla. LEXIS 1779, 2003 WL 22410375

Supreme Court of Florida | Filed: Oct 23, 2003 | Docket: 64826361

Cited 1 times | Published

rule 1.442 concerning offers of judgment and section 45.061, Florida Statutes (1985), concerning offers

D. Bruce McMahan v. William A. Toto

256 F.3d 1120, 2001 WL 769599

Court of Appeals for the Eleventh Circuit | Filed: Jul 10, 2001 | Docket: 396945

Cited 1 times | Published

On May 11, 1999, acting pursuant to Fla. Stat. § 45.061 and, in the alternative, Fla. Stat. § 768.79,

Candyworld, Inc. v. Granite State Insurance

700 So. 2d 424, 1997 Fla. App. LEXIS 11147, 1997 WL 600628

District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 64776179

Cited 1 times | Published

Candyworld offered to settle the matter pursuant to section 45.061, Florida Statutes (1987), but the offer was

Mesher v. Combs

685 So. 2d 1391, 1997 Fla. App. LEXIS 131, 1997 WL 12940

District Court of Appeal of Florida | Filed: Jan 15, 1997 | Docket: 64770283

Cited 1 times | Published

on a $1,000 offer to settle made pursuant to section 45.061. See also Knealing v. Puleo, 675 So.2d 593

Marcus v. Miller

663 So. 2d 1340, 1995 WL 608507

District Court of Appeal of Florida | Filed: Oct 18, 1995 | Docket: 1313851

Cited 1 times | Published

The motion stated that it was pursuant to section 45.061, Florida Statutes, but the attached offer of

STATE FARM MUT. AUTO. INS. v. Malmberg

639 So. 2d 615, 19 Fla. L. Weekly Supp. 359, 1994 Fla. LEXIS 1001, 1994 WL 318468

Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 1310551

Cited 1 times | Published

rejected its offer. The Malmbergs relied on section 45.061(2), which says that the rejection of an offer

State Farm Mutual Automobile Insurance Co. v. Egan

626 So. 2d 1076, 1993 Fla. App. LEXIS 11557, 1993 WL 469318

District Court of Appeal of Florida | Filed: Nov 16, 1993 | Docket: 64744077

Cited 1 times | Published

therefore, reverse the trial court’s finding that section 45.061, Florida Statutes is unconstitutional. This

O'NEIL v. Wal-Mart Stores, Inc.

602 So. 2d 1342, 1992 Fla. App. LEXIS 7957, 1992 WL 171335

District Court of Appeal of Florida | Filed: Jul 24, 1992 | Docket: 2236674

Cited 1 times | Published

awarding attorneys' fees to a defendant under section 45.061, Florida Statutes (1987), after a defense verdict

Hughes v. Goolsby

578 So. 2d 348, 1991 WL 46853

District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 2569262

Cited 1 times | Published

2d 804 (Fla. 5th DCA 1990), which determined section 45.061, Florida Statutes (1987), unconstitutional

Florida Bar Re: Amendment to Rules of Civil Procedure, Rule 1.442

550 So. 2d 442, 14 Fla. L. Weekly 397, 1989 Fla. LEXIS 1114, 1989 WL 85162

Supreme Court of Florida | Filed: Jul 27, 1989 | Docket: 64645544

Cited 1 times | Published

section 768.79 allows only thirty days while section 45.061 permits forty-five days. Accordingly, we address

Sfr Services, LLC, A/A/O John & Rose Zapisek v. Florida Department of Financial Services, O/B/O Avatar Property and Casualty

District Court of Appeal of Florida | Filed: May 16, 2025 | Docket: 70281990

Published

counter-plaintiff prior to the making of the offer.” § 45.061(2)(b), Fla. Stat. Such precise language is absent

ROBERT SAKOWITZ v. WATERSIDE TOWNHOMES COMMUNITY ASSOCIATION, INC.

District Court of Appeal of Florida | Filed: Mar 9, 2022 | Docket: 63144876

Published

formed a binding contract. Sakowitz cites section 45.061, Florida Statutes, for the proposition that

CCM Condominium Association, Inc., etc. v. Petri Positive Pest Control, Inc., etc.

Supreme Court of Florida | Filed: Sep 9, 2021 | Docket: 60372404

Published

statute containing a very similar provision. Section 45.061, Florida Statutes (2020), which applies to

EarthCam, Inc. v. OxBlue Corp.

658 F. App'x 526

Court of Appeals for the Eleventh Circuit | Filed: Sep 27, 2016 | Docket: 65962702

Published

“direct collision” with the portion of F.S.A. § 45.061 applicable in this case. Rule 68 concerns only

Nancy Palmer, n/k/a Nancy Walgis v. Danny Palmer

206 So. 3d 74, 2016 Fla. App. LEXIS 12056

District Court of Appeal of Florida | Filed: Aug 9, 2016 | Docket: 4117974

Published

admissibility issue. 2 . Neither section 45.061(4), Florida Statutes, the statute entitled

Emg Holdings, Inc. v. Autumn Partnership, LLP

61 So. 3d 1185, 2011 Fla. App. LEXIS 6188, 2011 WL 1563959

District Court of Appeal of Florida | Filed: Apr 27, 2011 | Docket: 60300380

Published

PER CURIAM. Affirmed. See § 45.061(2), Fla. Stat. (2010); In re Jet 1 Ctr. Inc., 335 B.R. 771, 772 (Bankr

D. Bruce McMahan v. William A. Toto

256 F.3d 1120

Court of Appeals for the Eleventh Circuit | Filed: Jul 10, 2001 | Docket: 2038497

Published

On May 11, 1999, acting pursuant to Fla. Stat. § 45.061 and, in the alternative, Fla. Stat. § 768.79

D. Bruce McMahan v. William A. Toto

256 F.3d 1120

Court of Appeals for the Eleventh Circuit | Filed: Jul 10, 2001 | Docket: 396952

Published

TOTO, hereby offers pursuant to Fla. Stat. § 45.061 to settle this case for the amount of $100.00

Lageman v. Frank H. Furman, Inc.

703 So. 2d 520, 1997 Fla. App. LEXIS 14358, 1998 WL 25601

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 64777626

Published

Fur-man, pursuant to either section 768.79 or section 45.061, Florida Statutes (1995), in connection with

Allstate Insurance Co. v. Neville

687 So. 2d 82, 1997 Fla. App. LEXIS 1388, 1997 WL 47633

District Court of Appeal of Florida | Filed: Feb 7, 1997 | Docket: 64770663

Published

attorney fees in a personal injury action. Section 45.061(2), Florida Statutes (1989) provides: (2) If

Gray v. Bradbury

668 So. 2d 296, 1996 Fla. App. LEXIS 1476, 1996 WL 71110

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762461

Published

to tax attorney’s fees and costs pursuant to section 45.061(2), Florida Statutes, which provides: If, upon

Cohen v. Richter

667 So. 2d 899, 1996 Fla. App. LEXIS 871, 1996 WL 46886

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 64762202

Published

plaintiffs offer of settlement made pursuant to section 45.061, Florida Statutes (1989). This is not to say

Quillen v. Curran

669 So. 2d 1056, 1996 Fla. App. LEXIS 242, 1996 WL 14319

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 64763193

Published

entitled to attorney’s fees and costs pursuant to section 45.061, Florida Statutes (1993). The trial court determined

Southwinds Farm, Inc. v. Albertson

664 So. 2d 13, 11 I.E.R. Cas. (BNA) 280, 1995 Fla. App. LEXIS 11690, 1995 WL 653548

District Court of Appeal of Florida | Filed: Nov 8, 1995 | Docket: 64760529

Published

Albertson made an offer of settlement, pursuant to section 45.061, Florida Statutes (1993). Southwinds did not

Pelaez v. Persons

664 So. 2d 1022, 1995 Fla. App. LEXIS 11598, 1995 WL 642741

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64760931

Published

$28,-000.00 in attorneys’ fees pursuant to section 45.061, Florida Statutes (1987). We hold *1023that

Henson v. Haslam

644 So. 2d 1031, 1994 Fla. App. LEXIS 11333, 1994 WL 637688

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 64751995

Published

denial of her request for attorney’s fees under section 45.061, Florida Statutes (1991) and the court’s decision

Dial Corp. v. Addonisio

634 So. 2d 748, 1994 Fla. App. LEXIS 3020, 1994 WL 101228

District Court of Appeal of Florida | Filed: Mar 29, 1994 | Docket: 64747409

Published

Appellant appeals a denial of attorney’s fees under Section 45.061(2), Florida Statutes (1993). We affirm. We

Aitken v. Gajadha

636 So. 2d 766, 1994 Fla. App. LEXIS 2617, 1994 WL 90543

District Court of Appeal of Florida | Filed: Mar 23, 1994 | Docket: 64748290

Published

Affirmed as to the denial of the award under section 45.061, Florida Statutes (1989). .WARNER, KLEIN and

State Farm Mutual Automobile Insurance Co. v. Malmberg

623 So. 2d 755, 1993 Fla. App. LEXIS 7928, 1993 WL 284653

District Court of Appeal of Florida | Filed: Jul 30, 1993 | Docket: 64698518

Published

amendment. Timmons also held that pursuant to section 45.061, the jury need not return a verdict for the

Republic National Bank of Miami v. Johnson ex rel. Guardianship Program of Dade County, Inc.

622 So. 2d 1015, 20 U.C.C. Rep. Serv. 2d (West) 1300, 1993 Fla. App. LEXIS 6442, 1993 WL 205505

District Court of Appeal of Florida | Filed: Jun 15, 1993 | Docket: 64698228

Published

herewith, of the denial of attorney’s fees under section 45.-061, Florida Statutes (1991). One of the expert

Persons v. Pelaez

613 So. 2d 509, 1993 Fla. App. LEXIS 95, 1993 WL 5307

District Court of Appeal of Florida | Filed: Jan 15, 1993 | Docket: 64693965

Published

Persons tendered an offer of judgment pursuant to section 45.061, Florida Statutes (1987), but Pelaez failed

Johnston v. Kloster Cruise Ltd.

604 So. 2d 572, 1992 Fla. App. LEXIS 9435, 1992 WL 216582

District Court of Appeal of Florida | Filed: Sep 9, 1992 | Docket: 64669517

Published

offer of settlement/judgment on rule 1.442 and section 45.061, Florida Statutes (1989).1 It offered the sum

Vival, Inc. v. Syracuse Plastics of North Carolina, Inc.

604 So. 2d 1, 1992 Fla. App. LEXIS 7722

District Court of Appeal of Florida | Filed: Jun 30, 1992 | Docket: 64669410

Published

rejection of an offer of judgment made pursuant to section 45.061, Florida Statutes (1991). See Lennar Corp.

Collection Chevrolet, Inc. v. Value Rent-A-Car, Inc.

595 So. 2d 98, 1992 Fla. App. LEXIS 541, 1992 WL 12114

District Court of Appeal of Florida | Filed: Jan 28, 1992 | Docket: 64665819

Published

350 offer of judgment to Value pursuant to section 45.061, Florida Statutes (1987).1 The offer was not

Zarranz v. Coral Gables Hospital, Inc.

591 So. 2d 323, 1991 Fla. App. LEXIS 12909, 1991 WL 276896

District Court of Appeal of Florida | Filed: Dec 31, 1991 | Docket: 64664244

Published

attorney’s fees from Dr. Zar-ranz pursuant to Section 45.061, Florida Statutes (1987). This Court has recently

Tarpon Springs Arcade Ltd. v. City of Tarpon Springs

582 So. 2d 825, 1991 Fla. App. LEXIS 7612, 1991 WL 136881

District Court of Appeal of Florida | Filed: Jul 26, 1991 | Docket: 64660181

Published

denied appellant attorney’s fees pursuant to section 45.061, Florida Statutes (1987), when it prevailed

Sharp Community Ambulance Service, Inc. v. Sharp

582 So. 2d 778, 1991 Fla. App. LEXIS 7055, 1991 WL 133534

District Court of Appeal of Florida | Filed: Jul 17, 1991 | Docket: 64660156

Published

Richardson’s individual claims, the court relied on section 45.061 and rule 1.442. The statute authorizes such

State Farm Mutual Insurance Co. v. Koster

582 So. 2d 735, 1991 Fla. App. LEXIS 6557, 1991 WL 120768

District Court of Appeal of Florida | Filed: Jul 9, 1991 | Docket: 64660143

Published

awarded costs and attorney’s fees pursuant to section 45.061, Florida Statutes (1989) because the judgment

United Liquors Corp. v. Jacquin-Florida Distilling Co.

584 So. 2d 571, 1991 Fla. App. LEXIS 4982, 1991 WL 90287

District Court of Appeal of Florida | Filed: May 29, 1991 | Docket: 64660958

Published

rejection of an offer of settlement, pursuant to section 45.061, Florida Statutes (1987). Appellee Jacquin

Tanker Management Inc. v. Brunson

918 F.2d 1524, 1990 WL 183541

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 1990 | Docket: 66259569

Published

made an offer of settlement pursuant to F.S.A. § 45.061, an offer of judgment pursuant to F.S.A. § 768

Liberty Mutual Fire Insurance Co. v. Ramos

565 So. 2d 798, 1990 Fla. App. LEXIS 5280, 1990 WL 102699

District Court of Appeal of Florida | Filed: Jul 25, 1990 | Docket: 64652400

Published

Ramos’ motion to compel settlement made pursuant to § 45.061, offer of settlement, Florida Statutes (1987)

Douglas v. Florida State Board of Regents

564 So. 2d 1158, 1990 Fla. App. LEXIS 4926, 1990 WL 95461

District Court of Appeal of Florida | Filed: Jul 10, 1990 | Docket: 64651998

Published

DCA), review denied, 494 So.2d 1150 (Fla.1986); § 45.061, Fla. Stat. (1987).

Florida East Coast Properties, Inc. v. COASTAL CONST. PRODUCTS, INC.

553 So. 2d 705, 14 Fla. L. Weekly 2446, 1989 Fla. App. LEXIS 7281, 1989 WL 120875

District Court of Appeal of Florida | Filed: Dec 26, 1989 | Docket: 1259110

Published

FECP's pretrial offer of settlement pursuant to section 45.061, Florida Statutes (1987). Under the rule announced

Rules of Civil Procedure, In re Proposed Rules for Implementation of Florida Statutes Sections 44.301-.306

518 So. 2d 908, 13 Fla. L. Weekly 1, 1987 Fla. LEXIS 2681, 1987 WL 33200

Supreme Court of Florida | Filed: Dec 31, 1987 | Docket: 64632069

Published

R.Civ.P. concerning offers of judgment and section 45.061, Florida Statutes (1985) concerning offers