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May 21, 2018 | Blog Post| This offer expires in 30 days! No automatic extensions says high court

The time to respond to a proposal for settlement can no longer be tolled by filing a motion to enlarge the time to respond, says the Florida Supreme Court in Koppel v. Ochoa, No. SC16-1474 (Fla. May 17, 2018), disapproved the tolling rule of Goldy v. Corbett Cranes Services, Inc., 692 So. 2d 225 (Fla. 5th DCA 1997).  The new rule? The filing of a motion under Florida Rule of Civil Procedure 1.090 to enlarge the time to accept a proposal for settlement does not automatically toll the 30-day deadline for accepting the proposal until the motion is decided.

Practice tip: The offeree has 30 days to accept the offer after which, unless that time is extended by stipulation or court order, that offer is deemed rejected – there are no automatic extensions. Calendar carefully.

Anthony J. Russo

A Partner at Butler Weihmuller Katz Craig LLP in Tampa, FL. Anthony practices in our Appellate, Extra-Contractual, First-Party Coverage, and Third-Party Coverage departments.

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