Trace Elements, Inc. v. Mackensen
The Florida Supreme Court quashed the Fourth DCA and held that Florida Rule of Civil Procedure 1.442(c)(3)'s apportionment requirement applies to a joint proposal for settlement even where it concerns a unified, single claim by jointly-interested plaintiffs (here, spouses who owned the property as tenants by the entireties). The Court reaffirmed strict, purpose-neutral enforcement of the apportionment rule and rejected any ad hoc exception, directing that any flaw in the rule be addressed by rule amendment rather than case-by-case exceptions.
Key facts
- A married couple, the Mackensens, hired professional design company Trace Elements to oversee renovations of their jointly-owned Vero Beach vacation rental; after Trace Elements terminated performance, the couple sued for breach of contract and unjust enrichment and Trace Elements countersued.
- Before trial, the Mackensens jointly served a proposal for settlement under section 768.79 offering to accept a lump sum of $10,000 in full settlement, without apportioning the amount between husband and wife.
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Holdings
- Rule 1.442(c)(3) requires a joint proposal for settlement to state the amount and terms attributable to each party, and this apportionment requirement applies even to a joint proposal…
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Why it matters
This decision resolves an express conflict between the Second and Fourth DCAs and forecloses any 'unified, single claim' exception to the offer-of-judgment apportionment rule, including for spouses who own property as… — full analysis with a trial
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