Friday, November 4, 2016

Pleading of Equitable Claim Removes An Action From F.S. 768.79

In Davenport v. Thor Motor Coach, Inc., 2016 WL 5750502, the Eleventh Circuit applied Florida law as articulated in Diamond Aircraft Industries, Inc. v. Horowitch, 107 So.23d 362, 368-71 (Fla. 2013) that the pleading of an equitable claim in an action removes the action from teh application of teh Florida Offer of Judgment statute. This is true even if the equitable claim was patently without merit. In such a case, the only remedy would be under F.S. 57.105.