Koppel v. OchoaAnnotate this Case
A motion under Fla. R. Civ. P. 1.090 to enlarge the time to accept a proposal for settlement does not automatically toll the thirty-day deadline for accepting the proposal until the motion is decided.
The Second District Court of Appeal reversed the trial court’s order to enforcement the settlement in this case, holding that the texts of Fla. R. Civ. P. 1.442 and rule 1.090 were unambiguous and could not be construed to provide for tolling once a motion to enlarge had been filed. The Supreme Court approved the Second District, holding that the Second District did not err in holding that (1) the filing of a motion to enlarge does not toll the time to accept a proposal for settlement; and (2) the trial court erred in ruling that Respondent’s proposal for settlement had validly been accepted by Petitioner.