Narrative Opinion Summary
In the appellate case involving the City of Largo's challenge to the final judgment favoring Nellie Barker, the court addressed the issue of whether an additional five-day response period applies to offers of judgment served by mail under Florida Rule of Civil Procedure 1.442. The rule stipulates that an offer of judgment must be served more than ten days before trial and accepted within ten days after service. Florida Rule of Civil Procedure 1.090 provides an additional five days for responses served by mail. The court evaluated whether these additional days apply if they do not cause a response to be served after the commencement of the trial. The court affirmed that the recipient is entitled to this extension, provided that it does not interfere with the trial schedule, thus supporting the pre-trial settlement objectives of Rule 1.442. The ruling was affirmed with concurrence from the judges, and the fourth district expressed a desire for future revisions to clarify the rule's application. The decision ultimately upholds the trial court's ruling, allowing the additional response time under the specified conditions.
Legal Issues Addressed
Calculation of Response Time under Florida Rule of Civil Procedure 1.090subscribe to see similar legal issues
Application: In this case, the application of Rule 1.090 was considered to determine if the additional five days for responses served by mail could be applied without affecting the trial schedule.
Reasoning: Florida Rule of Civil Procedure 1.090 grants an additional five days for responses when served by mail.
Extension of Time for Acceptance of Offer of Judgment under Florida Rule of Civil Procedure 1.442subscribe to see similar legal issues
Application: The court concluded that a recipient of an offer of judgment served by mail is entitled to an additional five days to respond, as long as this extension does not result in a response being served after the trial has commenced.
Reasoning: The court concludes that a recipient is indeed entitled to the extra five days to accept the offer under these circumstances, aligning with the intent of Rule 1.442 to encourage pre-trial settlement.