# Land & Sea Petroleum, Inc. v. Business Specialists, Inc.

> District Court of Appeal of Florida · January 19, 2011 · 53 So. 3d 348

URL: https://www.frixlaw.com/law-library/cases/4862319

## Case

- **Full name:** LAND & SEA PETROLEUM, INC. v. BUSINESS SPECIALISTS, INC. and Continental Business, Inc.
- **Court:** District Court of Appeal of Florida
- **Decided:** January 19, 2011
- **Citations:** 53 So. 3d 348; 2011 Fla. App. LEXIS 216; 2011 WL 148314
- **Precedential status:** Published
- **Opinion:** Concurrence by Damoorgian
- **Judges:** Damoorgian, Gerber, Hazouri
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4862319

## How later opinions describe it (automated extraction)

- finding proposals complied with the rule by identifying the claim or claims it sought to resolve; rejecting broker’s argument that the proposals 14 were ambiguous where paragraph 2 failed to clarify whether proposals applied to claims “in this action” as opposed to claims whic…
- holding that offeree did not meet burden of proving that $500 proposal for settlement was made in bad faith where claimed damages were $300,000
- finding that a $500 proposal was made in good faith
- reversing the trial court’s finding of a lack of good faith, despite the fact the offeror had conducted little discovery, because the unenforceability of the contract was apparent from its face
- holding seller was entitled to attorney’s fees based on a provision in the contract as well as under 768.79

## Opinion text

DAMOORGIAN, J.,
concurring specially.
I concur and write only to emphasize Judge Gerber’s point that the offeree should be required, by statute or rule, to notify the offeror of any real or perceived ambiguity in a proposal for settlement. The very notion that ambiguity can be raised as a defense after the time for acceptance of the offer has passed makes no sense. This “gotcha” tactic has plagued the courts for far too long and is a waste of judicial resources. The fix is quite simple. If the offeree does not specifically identify the ambiguity within a fixed period of time from the date of the offer, any objection based on ambiguity is waived.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4862319. Public record. Not legal advice.