Ceccola v. State Farm Mutual Automobile Insurance Co.

After an attorney filed a settlement offer under Rule 68, opposing counsel accepted the offer. Before either attorney filed the offer and acceptance with the Superior Court, the accepting attorney realized he had made a mistake, and revoked his acceptance. The attorney who had extended the offer responded to his revocation by filing the written acceptance, thereby securing a final judgment in the form of the settlement order by means of Super. Ct. Civ. R. 68’s instruction to the Prothonotary. The attorney did not mention that the written acceptance had been revoked before it was filed. Upon review, the Supreme Court reversed the Superior Court judge’s order denying the Motion to Vacate the Judgment, and remanded the case for further proceedings. View "Ceccola v. State Farm Mutual Automobile Insurance Co." on Justia Law