In short: In Family Food Saver II v. Snell (3d DCA, Apr. 2, 2014), a gas station appealed in a wrongful death case brought by a personal representative, arguing over a proposal for settlement involving the estate and three survivors. The Third DCA affirmed without opinion (a PCA), so the ruling below stood but no rule of law was announced.
What the Record and Arguments Showed
The appellee was Zoreta Snell, as personal representative of the Estate of Trinard Levar Snell. The appellant was the operator of a Valero gas station in Miami-Dade.
According to the argument and the video description, the dispute centered on a proposal for settlement and whether it was properly made by or to the estate versus the individual survivors.
The appellant’s counsel argued the proposal’s enforceability. The record details are summarized from the argument, not from a written opinion.
The Decision
The Third District Court of Appeal affirmed with a one-line per curiam opinion: “Affirmed” (Case No. 3D13-1906, April 2, 2014; Judges Suarez, Lagoa and Logue).
A PCA means the appellate court found no reversible error, but it does not explain why. It has no precedential value and generally cannot be reviewed by the Florida Supreme Court.
The Law
Florida’s proposal-for-settlement framework is § 768.79 and Rule 1.442. In a wrongful death case, the personal representative is the only proper plaintiff, but recovery belongs to the estate and the statutory survivors under §§ 768.16–768.26.
Rule 1.442 requires a proposal to identify the parties making and receiving it and to apportion amounts among multiple parties. Joint or unapportioned proposals are frequently attacked.
Context only: the 2023 tort reform (HB 837) added § 624.1552, applying § 768.79 to insurance-contract cases; it did not rewrite § 768.79.
Lessons
- In wrongful death cases, draft proposals carefully: name who is offering, who is receiving, and how any amount is split between the estate and survivors.
- Defendants should not assume a technical defect will void a proposal on appeal.
- A PCA leaves the trial court’s ruling in place but offers no guidance for the next case.
- Personal representatives should coordinate settlement decisions with survivors, since the PR acts for all of them.
Watch the Oral Argument
This is the recording of the oral argument. Because the decision is a PCA, what is said at argument is context, not the court’s reasoning. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
One Proposal, an Estate and Three Survivors: Who Was the Offer Actually From? | Family Food Saver II v. Snell, 3D13-1906
Go Deeper
- Florida Personal Representative Duties: What the Job Requires and When a PR Is Personally Liable
- Someone Stealing From an Estate in Florida? How to Find Hidden Assets and Get the Money Back
- A $2.5 Million Golf Course Sold for $12 Million: Trustee Surcharged in McCormick v. Cox
Frequently Asked Questions
Who brings a wrongful death lawsuit in Florida?
The personal representative of the decedent’s estate, on behalf of the estate and the survivors.
What is a proposal for settlement?
A formal offer under § 768.79 and Rule 1.442 that can shift attorney’s fees if the other side rejects it and does significantly worse at trial.
What does a PCA mean?
A per curiam affirmance without opinion: the lower court’s ruling stands, but no reasons are given and it sets no precedent.
Do proposals have to be apportioned among multiple parties?
Rule 1.442 generally requires apportionment, and unapportioned proposals are often challenged.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
