offer to compromise claim (Florida) · Go Syfert
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offer to compromise claim in Florida

6 Florida opinions name it 2 courts 1938–2025 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Rease v. Anheuser-Busch, Inc.green
fladistctapp · 1994 · cited in 2 Florida opinions naming this issue, 1997–2020
2 sentences

2020“A fundamental premise for the application of this rule is that the offer to compromise must relate to the claim disputed in the lawsuit.” Rease v. Anheuser-Busch, Inc., 644 So. 2d 1383, 1388 (Fla. 1st DCA 1994).

1997Rease v. Anheuser-Busch, Inc., 644 So.2d 1383, 1388 (Fla. 1st DCA 1994).

22
Saleeby v. Rocky Elson Construction, Inc.green
fla · 2009 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025See § 90.408, Fla. Stat. (2023) (“Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise, is inadmissible to prove liability or absence of liability for the claim or its value.”); Saleeby v. Rocky Elson Const., Inc., 3 So. 3d 1078, 1083 (Fla. 2009) (“The meaning of this statute is equally clear.

11
Shields v. Stategreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025No evidence of settlement is admissible at trial on the issue of liability.”); Holmes v. Area Glass, Inc., 117 So. 3d 492, 494-95 (Fla. 1st DCA 2013) (“In other words, disclosure of the fact of settlement or dismissal is prohibited regardless of whether it is presented to the jury through evidence or through some other means.”).

11
Dysart v. Huntgreen
fladistctapp · 1980 · cited in 1 Florida opinions naming this issue, 2010–2010
2 sentences

2010Finally, at oral argument, the former wife asserted that the former husband had not asked for rescission of any portion of the $422,000, and therefore, because “a judgment upon a matter entirely outside of the issues made by the pleadings cannot stand,” Dysart v. Hunt, 383 So.2d 259, 260 (Fla. 3d DCA 1980) (quoting Cortina v. Cortina, 98 So.2d 334, 337 (Fla.1957)), he cannot have his overpayment returned.

2010Finally, at oral argument, the former wife asserted that the former husband had not asked for rescission of any portion of the $422,000, and therefore, because "a judgment upon a matter entirely outside of the issues made by the pleadings cannot stand," Dysart v. Hunt, 383 So.2d 259, 260 (Fla. 3d DCA 1980) (quoting Cortina v. Cortina, 98 So.2d 334, 337 (Fla.1957)), he cannot have his overpayment returned.

11
Cortina v. Cortinagreen
fla · 1957 · cited in 1 Florida opinions naming this issue, 2010–2010
2 sentences

2010Finally, at oral argument, the former wife asserted that the former husband had not asked for rescission of any portion of the $422,000, and therefore, because “a judgment upon a matter entirely outside of the issues made by the pleadings cannot stand,” Dysart v. Hunt, 383 So.2d 259, 260 (Fla. 3d DCA 1980) (quoting Cortina v. Cortina, 98 So.2d 334, 337 (Fla.1957)), he cannot have his overpayment returned.

2010Finally, at oral argument, the former wife asserted that the former husband had not asked for rescission of any portion of the $422,000, and therefore, because "a judgment upon a matter entirely outside of the issues made by the pleadings cannot stand," Dysart v. Hunt, 383 So.2d 259, 260 (Fla. 3d DCA 1980) (quoting Cortina v. Cortina, 98 So.2d 334, 337 (Fla.1957)), he cannot have his overpayment returned.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Sullivan v. Galske green
fladistctapp · 2006
2 sentences

2009Generally, this view was based on the notion that such agreements constituted an attempt to oust courts of their lawful jurisdiction. [22] See § 90.408 Fla. Stat. (2008) ("Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise [e.s.], is inadmissible to prove liability or absence of liability for the claim or its value."); and Sullivan v. Galske, 917 So.2d 412 (Fla. 2d DCA 2006) (provision excluding evidence of efforts to settle is to encourage settlement discussions). [2

2009See § 90.408 Fla. Stat. (2008) ("Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise [e.s.], is inadmissible to prove liability or absence of liability for the claim or its value.”); and Sullivan v. Galske, 917 So.2d 412 (Fla. 2d DCA 2006) (provision excluding evidence of efforts to settle is to encourage settlement discussions). .

12009–2009
Jones v. Jernigan green
nm · 1924
1 sentence

1938The rule excluding an offer of compromise is based upon the proposition that such an offer does not ordinarily proceed from and imply a belief that the adversary’s claim is well founded, but rather that the further prosecution of the claim, whether well-founded or not, would in any event cause such annoyance as is preferably avoided by the payment of the sum offered, and the offer therefore does not signify an admission of the alleged facts on which the claim is based.” Jones v. Jernigan, 29 N. M. 399, 223 Pac. 100 .

11938–1938

Statutes the citing opinions construe

FL § 90.408 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 7 (1987–2026) FL 6 (1938–2025) DC 3 (1988–2006) PA 3 (1987–2009) WA 2 (2005–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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