The Third District Court of Appeal offered a word of caution to South Florida lawyers as it branded a settlement proposal invalid and unenforceable because it “deprived” two defendants of the ability to “independently evaluate and accept” a joint offer to settle a lawsuit.

The plaintiff, Key West construction company Atlantic Civil Inc., had based its push for attorney fees on a February 2010 proposal for settlement, which asked the defendants, Key Haven Estates LLC. and its managing member Edwin O. Swift III, to pay $50,000 to settle the case.