NICKOLAS EKONOMIDES, APPELLANT,
v.
JEANNE ABOU SHARAKA, DIAMOND GIFTS, E & A, INC., AND ELIAS ANASTASOPOULOS, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In a malicious prosecution action, the appellate court reversed the trial court's denial of attorney's fees, finding that a settlement proposal's payment condition was not ambiguous despite the tenant's argument that it made an illusory promise conditioned on dismissal with prejudice.
The court concluded that paragraph four is not ambiguous. The provision clearly states a single, unambiguous meaning: payment of $100 within ten days of entry of a dismissal with prejudice order. The trial court would have had continuing jurisdiction to enforce the settlement agreement under section 768.79(4), Florida Statutes.
[1] A proposal for settlement is not rendered ambiguous by the offeree's concern that the offeror may breach the agreement.
[2] A trial court has continuing jurisdiction to enforce a settlement agreement entered into pursuant to the offer of judgment statute, even after the entry of a final order…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Paragraph four provides that Ekonomides would pay the Tenant $100 within ten days of entry of the order of dismissal with prejudice. The fact that she was concerned that Ekonomides might breach the agreement and fail to pay does not make the proposal ambiguous.”
Establishes the court's holding that a party's concern about potential breach does not create ambiguity in contract language
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceNickolas Ekonomides submitted a proposal for settlement in a malicious prosecution action brought by Jeanne Abou Sharaka (the Tenant). The proposal of…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Ambiguity In Settlement Proposals cases and more on FLexlaw
In an action for malicious prosecution brought by Jeanne Abou Sharaka (the Tenant), Nickolas Ekonomides appeals a final order denying entitlement to attorney’s fees on the basis that paragraph four of his proposal for settlement is ambiguous. We conclude that the subject paragraph is not ambiguous and reverse. We have also reversed the final summary judgment that was entered in Ekonomides’ favor in Abou Sharaka v. E & A, Inc., 135 So.3d 428 (Fla. 2d DCA 2014). Thus, the issue of whether Ekonomides is entitled to recover fees must await resolution of the malicious prosecution action.
For purposes of remand, if Ekonomides again prevails in the trial court and seeks fees under his proposal for settlement, the proposal will have to be evaluated in light of our determination that paragraph four of the proposal is not ambiguous. Paragraph four offers to pay the Tenant $100 to settle this action, “payable within ten (10) days of entry of the Order of Dismissal with Prejudice.” The Tenant argued, among other things, that paragraph four is ambiguous because the offer makes an illusory promise to pay only after the case is dismissed with prejudice. According to the Tenant, if Ekonomides fails to pay the $100, the trial court would not have jurisdiction to enforce the settlement agreement after entry of a final order of dismissal. The trial court concluded that paragraph four is ambiguous because the Tenant “shouldn’t have to guess as to whether” she would collect after dismissal of the case.
We agree with Ekonomides that paragraph four is not ambiguous and that the trial court would have continuing jurisdiction to enforce the settlement, had the proposal been accepted. Pursuant to the offer of judgment statute, “[u]pon filing of both the offer and acceptance, the court has full jurisdiction to enforce the settlement agreement.” § 768.79(4), Fla. Stat. (2011); see also Mady v. DaimlerChrysler Corp., 59 So.3d 1129, 1133 (Fla.2011) (stating that “a settlement produced pursuant to Florida’s offer of judgment statute is subject to that court’s full continuing jurisdiction thereafter”). Thus, if the Tenant had accepted the proposal and Eko-nomides had failed to pay the $100, the trial court would have had jurisdiction to enforce the settlement agreement.
With respect to ambiguity, Florida Rule of Civil Procedure 1.442 requires that the proposal state all conditions and nonmone-tary terms with particularity. See Tran v. Anvil Iron Works, Inc., 110 So.3d 923, 925 (Fla. 2d DCA 2013) (recognizing that the rule “ ‘merely requires that the settlement proposal be sufficiently clear and definite to allow the offeree to make an informed decision without needing clarification’ ” (quoting State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So.2d 1067, 1079 (Fla.2006))). An ambiguous proposal is unenforceable. Id. at 926. In the context of the requirement for particularity, “an ambiguity is defined as ‘the condition of admitting more than one meaning’ ” Id. (quoting Mix v. Adventist Health Sys./Sunbelt, Inc., 67 So.3d 289, 292 (Fla. 5th DCA 2011)). The condition that the Tenant contends is ambiguous has only one meaning. Paragraph four provides that Ekonomides would pay the Tenant $100 within ten days of entry of the order of dismissal with prejudice. The fact that she was concerned that Eko-nomides might breach the agreement and fail to pay does not make the proposal ambiguous.
*1176Accordingly, we reverse the final order denying entitlement to attorney’s fees and remand for further proceedings.
Reversed and remanded.
LaROSE and CRENSHAW, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Town of Jupiter v. Armes (Fla. 4th DCA 2026)
Authorities Cited
- State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006)
- Anhloan Tran v. Anvil Iron Works, Inc., 110 So. 3d 923 (Fla. 2d DCA 2013)
- Mady v. Daimlerchrysler Corp., 59 So. 3d 1129 (Fla. 2011)
- MIX v. Adventist Health System/Sunbelt, Inc., 67 So. 3d 289 (Fla. 5th DCA 2011)
- Sharaka v. E & A, Inc., 135 So. 3d 428 (Fla. 2d DCA 2014)