Proposals for Settlement and Offers of Judgment
Does a party act in bad faith by serving one in a nominal amount?
Under Florida law, a proposal for settlement or offer of judgment that is made in bad faith is unenforceable. However, a proposal for settlement or offer of judgment served in a small or nominal amount does not necessarily indicate that the party was acting in bad faith. The Court will examine the facts surrounding the offer and whether the party had a good faith basis to believe their exposure was nominal.