Suarez Trucking FL Corp. v. Souders
The Florida Supreme Court resolved a conflict between the Second and Fourth DCAs over whether a timely filed written notice of acceptance under section 768.79(4) forms a binding settlement contract. Holding that the filed, unqualified acceptance created a binding settlement agreement, the Court rejected the Second District's view that the acceptance must recite the offer's terms or be effected by performance, and quashed the decision below while leaving breach and remedy issues (regarding naming the workers' compensation lienholder as a payee on the settlement check) for remand.
Key facts
- Suarez Trucking FL Corp. sought to enforce a settlement agreement against Souders under Florida's proposal for settlement statute, section 768.79(4).
- Suarez filed a written proposal for settlement; Souders timely filed a written notice of acceptance without reciting the offer's terms or making payment.
- +2 more key facts with a free trial
Why it matters
This is the Florida Supreme Court's definitive statement that a filed written acceptance under section 768.79(4) creates an enforceable settlement contract immediately, resolving a district conflict and approving Cirrus… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.