Morris v. Boyer
After a car accident, Morris counterclaimed against the driver (Mrs. Boyer) and her husband (allegedly vicariously liable via negligent entrustment), and served separate proposals for settlement on each. The husband accepted and paid $50,000; the wife accepted the $49,500 proposal but claimed a setoff for the prior payment, and the trial court entered final judgment in her favor applying setoff "as a matter of law." The Sixth District reversed, holding that neither section 768.79 nor rule 1.442 authorizes entry of a final judgment upon acceptance of a proposal for settlement, and that the court could not impose a setoff not contained in the proposal's terms.
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