agreeing with Atwater v. Gulf Maintenance & Supply, 424 So.2d 135 (Fla. 1st DCA 1982), that “any part of a letter offering a settlement between the parties is barred by section 90.408;” “[t]he old common law rule was that statements of independent facts made in an offer to compromise were admissible;” “[t]his section alters the common law rule by giving greater protection to the offeror, thus furthering the public policy of this state which favors amicable settlement of disputes and avoidance of litigation” (footnotes omitted)
How later courts described this case
- agreeing with Atwater v. Gulf Maintenance & Supply, 424 So.2d 135 (Fla. 1st DCA 1982), that “any part of a letter offering a settlement between the parties is barred by section 90.408;” “[t]he old common law rule was that statements of independent facts made in an offer to compromise were admissible;” “[t]his section alters the common law rule by giving greater protection to the offeror, thus furthering the public policy of this state which favors amicable settlement of disputes and avoidance of litigation” (footnotes omitted)
- agreeing with Atwater v. Gulf Maintenance & Supply, 424 So.2d 135 (Fla. 1st DCA 1982
- noting that protecting the offeror furthers the state’s public policy favoring settlement
Written by the judges who cited it.
The opinion
ON MOTION FOR REHEARING
SHARP, Judge.
We grant appellee’s motion for rehearing in order to clarify our previous opinion. We continue to adhere to our previous opinion in which we held that the trial court erred in its admission of certain evidence proffered by appellee.
We emphasize, however, that we reverse for a new trial on both liability and damages despite the fact that the issue of admissibility of evidence goes solely to the question of liability because “the pleadings *1262 and evidence raise issues so interrelating liability and damages that we think justice would thus be served by a new trial on both liability and damages.” Swan v. Wisdom, 386 So.2d 574, 576 (Fla. 5th DCA 1980).
MOTION FOR REHEARING GRANTED.
COBB, C.J., and FRANK D. UP-CHURCH, Jr., JJ., concur.