Posted by Nydia Streets of Streets Law in Florida Divorce
Most Florida jurisdictions require parties to a Florida family law case to attend mediation prior to their case being set for trial. Mediation is a meeting at which the parties and their lawyers, if any, try to reach an agreement on the issues in their case with a trained negotiator known as a mediator. Some parties prefer to save money and time, however, by negotiating directly between themselves or their lawyers. It is possible to resolve a case this way, and it is important to know when a binding contract is entered if this method is used. This was an issue in the case Thomas v. Thomas, 1D19-1259 (Fla. 1st DCA October 9, 2020).
The parties were involved in contentious divorce litigation after a 16-year marriage. In an effort to resolve their disputes, the attorney for the former husband sent an offer for settlement via letter to the attorney for the former wife. The former wife’s attorney responded in writing that his client was “agreeable to the offer” and added “as we discussed, this agreement will not affect her alimony. This will end all pending claims between the parties." Not long after this correspondence, the former wife’s attorney sent a proposed settlement agreement to the former husband’s attorney which incorporated the terms from the initial offer letter and added provisions regarding alimony and resolution of other pending claims.
Shortly thereafter, a hurricane hit the area, and the former husband’s business sustained significant losses. His lawyer then sent a letter to the former wife’s lawyer indicating an intention to continue negotiating the previous offer. The former wife responded by filing a motion to enforce the original offer, taking the position that the initial letter to the former husband’s lawyer responding to the offer creating a binding contract. After a hearing, the trial court granted the former wife’s motion to enforce the agreement and the former husband appealed.
The appellate court disagreed with the trial court’s decision and reversed. The court held “Offer and acceptance are ‘fundamental tenets’ of contract law. Basner v. Bergdoll, 284 So. 3d 1122, 1124 (Fla. 1st DCA 2019). An acceptance sufficient to create an enforceable agreement ‘must be (1) absolute and unconditional; (2) identical with the terms of the offer; and (3) in the mode, at the place, and within the time expressly or impliedly stated within the offer.’ Nichols v. Hartford Ins. Co. of the Midwest, 834 So. 2d 217, 219 (Fla. 1st DCA 2002). There can be no enforceable agreement when it appears the parties are continuing to negotiate essential terms. de Vaux v. Westwood Baptist Church, 953 So. 2d 677, 681 (Fla. 1st DCA 2007). The September 28, 2018, response indicated Appellee found the offered terms acceptable, but then introduced two additional terms—that the agreement (1) will not affect her alimony and (2) will end all pending claims between the parties. ‘[T]he acceptance must be a 'mirror image' of the offer in all material respects, or else it will be considered a counteroffer that rejects the original offer.’ Pena v. Fox, 198 So. 3d 61, 63 (Fla. 2d DCA 2015). Appellee's response introduced new terms, making it a counteroffer and rejecting Appellant's original offer.”
If you are contemplating a Florida divorce, schedule a consultation with a Miami divorce lawyer to understand your potential rights and obligations moving forward.