FEDERICO GARCIA
v.
MILPORT INVESTORS LTD., D/B/A PORTA DI ORO APARTMENTS, SAVING PROPERTY MANAGEMENT CORP., AND RICARDO MARTIN
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A minimal settlement offer may constitute a good faith offer if the offeror had a reasonable basis to conclude that its exposure was nominal.
[1] In settlement negotiations, a minimal or low offer may constitute a good faith offer if the offeror had a reasonable factual basis to conclude that its exposure or liabil…
Previewing 1 of 1 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“A minimal offer can be made in good faith if the evidence demonstrates that, at the time it was made, the offeror had a reasonable basis to conclude that its exposure was nominal.”
Citing Gurney v. State Farm Mut. Auto. Ins. Co., establishing the standard for good faith minimal settlement offers.
Federico Garcia appealed a judgment from Miami-Dade County Circuit Court involving a dispute with Milport Investors Ltd., d/b/a Porta Di Oro Apartment…
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Opinion filed April 24, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-1366 Lower Tribunal No. 17-14161
________________
Federico Garcia,
Appellant,
vs.
Milport Investors Ltd., d/b/a Porta Di Oro Apartments, Saving Property Management Corp., and Ricardo Martin, Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Ariana Fajardo Orshan, Judge. Federico Garcia, in proper person. Law Offices of Robert P. Frankel, P.A., and Robert P. Frankel (Plantation), for appellees. Before EMAS, LINDSEY and GORDO, JJ. PER CURIAM. Affirmed. See Gurney v. State Farm Mut. Auto. Ins. Co., 889 So. 2d 97, 99 (Fla. 5th DCA 2004) (“[A] minimal offer can be made in good faith if the evidence demonstrates that, at the time it was made, the offeror had a reasonable basis to conclude that its exposure was nominal.” (quoting Nants v. Griffin, 783 So. 2d 363, 365 (Fla. 5th DCA 2001))); Schmidt v. Fortner, 629 So. 2d 1036, 1039 (Fla. 4th DCA 1993) (“The obligation of good faith merely insists that the offeror have some reasonable foundation on which to base an offer.”); Deltona House Rentals, Inc. v. Cloer, 734 So. 2d 586, 588 (Fla. 5th DCA 1999) (“[A] low offer . . . may well be found to be not a good faith offer. This is not one of those cases, however.”); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory.”).
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Ruffenach v. Deutsche Bank Nat'l Tr. Co. for Ameriquest Mortg. Sec. Inc., 431 So. 3d 1055 (Fla. 6th DCA 2026)…050, 1055 (Fla. 3d DCA 2009); Morton v. Heathcock, 913 So. 2d 662, 669 (Fla. 3d DCA 2005); Rodriguez v. Campbell, 720 So. 2d 266, 267 (Fla. 4th DCA 1998); Island Hoppers, 820 So. 2d at 970–71; [*6] Robin Roshkind, 45 So. 3d at 481; Nants v. Griffin, 783 So. 2d 363, 366 (Fla. 5th DCA 2001); Markham v. Markham, 485 So. 2d 1299, 1301 (Fla. 5th DCA 1986); Ghannam v. Shelnutt, 199 So. 3d 295, 299–300 (Fla. 5th DCA 2016); Schwartz, 88 So. 3d at 1071; Rodriguez v. Altomare, 261 So. 3d 590, 591–92 (Fla. 4th DCA 2018)…
Authorities Cited
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Nants v. Griffin, 783 So. 2d 363 (Fla. 5th DCA 2001)
- Deltona House Rentals, Inc. v. Cloer, 734 So. 2d 586 (Fla. 5th DCA 1999)