So says Judge Cohen in a special concurrence in George T. Andrews v. Thomas J. and Sandra R. McPartland (5th DCA, Per Curiam).

In an auto accident where defendant-driver was sued as was the (purely vicarious) auto owner, the plaintiff made the mistake of serving an undifferentiated Proposal for Settlement on two defendants.

Under Florida Supreme Court precedent, it fails (although the special concurrence suggested that it should not apply to cases involving undisputed pure vicarious cases).

As we've previously mentioned, the Third and Fourth DCAs have shot down Proposals for this shortcoming -- just within the last year.