3d DCA Rules Florida's Proposal For Settlement Laws Conflict With Federal Maritime Law

On April 9, 2014, the Third District Court of Appeal of Florida issued an en banc opinion in Royal Caribbean Cruises, Ltd. v. Cox, Case No. 3D09-2712. The case put to rest decades of unrest and tension between the status of Florida's offer of settlement law as interpreted by the Third District and federal maritime law. The Third District finally aligned itself with its sister courts and Florida's federal courts in holding that Florida's offer of judgment laws conflict with federal maritime law and a prevailing party is not entitled to recover attorney's fees.

There is a protracted procedural history to this matter. The plaintiff, Mr. Bryon Cox, brought suit against Royal Caribbean in the underlying suit to recover for personal injuries sustained while employed aboard a Royal Caribbean vessel. Mr. Cox served an offer of judgment pursuant to Florida Statute §768.79 and Florida Rule of Civil Procedure 1.442. Royal Caribbean moved to strike the offer of judgment, arguing that §768.79 conflicted with federal maritime law. In response, Mr. Cox cited Royal Caribbean Corp. v. Modesto, 614 So. 2d 517 (Fla. 3d...