90.408
Compromise and offers to compromise.
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90.408 Compromise and offers to compromise.—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.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
Notes of Decisions
Cited in 69
cases (6 in the last 5 years), 1982–2026 · leading case: Saleeby v. Rocky Elson Construction, Inc.
Saleeby v. Rocky Elson Construction, Inc. (2009)
“Similarly, another statute provides: 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…”
Agan v. Katzman & Korr, P.A. (2004)
“408 and Fla. Stat. § 90.408 , because they were obtained during settlement negotiations.”
Bankers Trust Co. v. Basciano (2007)
“" § 90.408, Fla. Stat. (1999). If the evidence is offered for another purpose, the evidence is not barred by section 90.”
Rease v. Anheuser-Busch, Inc. (1994)
“" Anheuser-Busch contended that this letter was written in the context of settlement negotiations involving Rease's workers' compensation claim for benefits and thus was inadmissible under section 90.408, Florida Statutes (1991). The trial court agreed and ruled that the letter…”
Ritter v. Ritter (1997)
“At the hearing on his motion, the wife's counsel in the dissolution proceeding argued, as he does on appeal, that evidence of the offer to the insurance company was inadmissible as an offer to compromise under section 90.408, Florida Statutes (1993). The trial court granted the…”
John Robert Sebo v. American Home Assurance Company, Inc. (2016)
“041, Florida Statutes, which bars disclosure to the jury of settlement or dismissal of a joint tortfeasor, and section 90.408, which bars the disclosure of evidence of an offer to compromise to prove liability, are clear and unambiguous.”
Bland v. Green Acres Group, L.L.C. (2009)
“[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.”
Wolowitz v. Thoroughbred Motors, Inc. (2000)
“In the alternative, Wolowitz argues that even if the "contract confirmation" is relevant it should nevertheless be excluded under section 90.408, Florida Statutes (1995), which he contends bars all evidence of unsuccessful settlement negotiations.”
Sandlin v. Shapiro & Fishman (1996)
“The Court has recognized Defendants’ argument that the letters were part of a settlement agreement, and as such are privileged communications, which are inadmissible under Fla.Stat. § 90.408. If this Court were to accept this argument it would in effect overrule Congress’…”
Victorino v. State (2013)
“A limitation on this rule of admissibility is that “[r]elevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.”
Sam Sugar v. in Re:stern (2015)
“§ 90.408, Fla. Stat. (2014); see also Bern v.”
Hall v. State (2012)
“All relevant evidence, defined as that tending to prove or disprove a material fact, is admissible unless otherwise provided by law.”
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