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Dorothy Venable DiFiore argues that the trial court's attempt to modify the proposal for settlement served to Mr. Say was based on erroneous understanding of the law. The 4th DCA has clarified that the ability to pay is not a valid reason for rejecting a proposal for settlement. These proposals are intended to end litigation, and the main issue is the willingness to accept the terms, not the ability to pay. This principle was upheld in the case of Alexander vs. Meyer and Wagner vs. Brandon Barry. In this specific case, the proposal for settlement had only one condition - acceptance.
