UNDER THE 2018 STATUTE APPLICABLE TO THE CASE, A PROPOSAL FOR SETTLEMENT REQUESTING A RELEASE WAS NOT ENFORCEABLE WHERE THE PROPOSAL DID NOT ATTACH OR SUMMARIZE THE TERMS OF THE RELEASE

Schmelzer v. Frankel, 50 Fla. L. Weekly D2575 (Fla. 3d DCA Dec. 3, 2025):

Because the 2018 version of section 768.79(2) required that a proposed release be attached to the proposal, or that its terms be summarized, the proposal here was unenforceable where it did neither. The trial court therefore erred in awarding attorneys’ fees pursuant to that proposal.