JACK DORSON AND MARY DORSON, HIS WIFE, APPELLANTS,
v.
GERTRUDE DORSON, SAM MILLER ET AL., APPELLEES

Fla. 4th DCA | 1981-02-11
No. 78-2391
MOORE, BERANEK and HURLEY, JJ., concur.
393 So. 2d 632 Florida District Court of Appeal, Fourth District (1981) Positive Treatment
Cited by 70 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Jack and Mary Dorson appealed an order distributing trust monies held under a settlement agreement that resolved a 1972 partition action. The trial court enforced the settlement terms by requiring timely objections to an accountant's report and held that the Dorsons waived their claim for additional funds by failing to file a timely objection. The appellate court affirmed, finding the settlement agreement clear and binding.


Holding

The Dorsons waived their claim for the additional $27,750 by failing to file a timely objection to the accountant's report as required by the settlement agreement. Settlement agreements that are clear and unambiguous are binding on the parties, and the parties' silence in the face of explicit notification constitutes a waiver of claims not timely raised.


Headnotes

[1] Settlement agreements are favored in the law and are binding upon the parties and the court.

[2] Settlement agreements are interpreted by the same principles governing the interpretation of contracts.

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Key Quotes

“[a] stipulation properly entered into and relating to a matter upon which it is appropriate to stipulate is binding upon the parties and upon the Court.”

Establishes the fundamental principle that settlement agreements are binding and enforceable.

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Facts & Procedural History

In 1972, the Dorsons filed a partition action. The parties settled and entered into a trust agreement requiring an independent accounting of monies fr…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal challenges an order distributing monies held in trust pursuant to a settlement agreement. We affirm.

The seeds of today’s controversy were sown in 1972 when appellants/plaintiffs filed an action for partition. In an effort to resolve the matter the parties entered into a settlement and trust agreement, two provisions of which are relevant to this appeal. The first called for an independent accounting of monies received and expended from May, 1955 to January, 1974. This provision was subsequently altered when the parties agreed to change the commencement date from May, 1955 to January, 1958. The second relevant provision required the accountant to furnish a copy of the accounting to each of the parties and, in turn, required the parties to file “... an objection to any item of expense allowed, any items of reimbursement credited or any computation of the amount due by any particular party.”

In accord with the agreement, the accountant rendered reports on October 4, 1973, February 22, 1974, and finally, on April 28, 1978. Each report listed a bottom line figure of monies owed to appellant Jack Dorson. The record reflects that upon completion of the accounting, each of the parties was properly notified and that no party filed an objection.

Appellee Gertrude Dorson filed a motion to compel disbursement in accord with the accountant’s computations. Appellants, Jack and Mary Dorson, objected, contending that Jack Dorson had expended $27,750 in 1956, and thus, they claimed, they were entitled to the full amount specified in the accountant’s report plus $27,750. The trial court disagreed, holding that under the terms of the settlement agreement appellant was obligated to file a timely objection to the accountant’s report, and his failure to do so constituted a waiver. We agree.

It is fundamental that “[a] stipulation properly entered into and relating to a matter upon which it is appropriate to stipulate is binding upon the parties and upon the Court.” Gunn Plumbing Inc. v. Dania Bank, 252 So. 2d 1, 4 (Fla.1971). This is especially true of settlement agreements which are highly favored in the law. Pearson v. Ecological Science Corp., 522 F. 2d 171, rehearing denied, 525 F. 2d 1407 (5th Cir. 1975), cert. denied, 425 U.S. 912, 96 S.Ct. 1508, 47 L.Ed.2d 762 (1976). See also 10 Fla.Jur.2d Compromise, Accord and Release § 9. Also applicable to settlement agreements is the rule that they are to be interpreted by the same principles governing the interpretation of contracts. Florida Education Association, Inc. v. Atkinson, 481 F. 2d 662 (5th Cir. 1973).

Turning to the general principles of contract interpretation, we note the basic rule that “the intention of the parties to a contract will be ascertained from a consideration of the whole agreement.” Torcise v. Perez, 319 So. 2d 41, 42 (Fla.3d DCA 1975). Secondly, “[a] contract will be construed according to its own clear and unambiguous terms. Cueto v. John Allmand Boats, Inc., 334 So. 2d 30, 32 (Fla.3d DCA), cert. denied, 341 So. 2d 290 (Fla.1976).

The settlement and trust agreement in the case at bar is a model of clarity. Its express purpose was to resolve “all controversies pending or which could be raised in said lawsuit.” Reading this together with the exact procedures set forth to register objections to the accountant’s computations, we have no difficulty in agreeing with the trial court that appellant is bound by his silence. The April 28, 1978 accountant’s report expressly notified appellant that the accountants “were also provided documentation to support a $27,750 disbursement by Jack Dorson on January 23, 1956 which has not been included in this report.” Appellants’ failure to file a timely objection to this report constituted a waiver of any claim for an amount greater than that which was specified in the report. Accordingly, the judgment of the trial court is affirmed.

MOORE, BERANEK and HURLEY, JJ., concur.


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Citator

Cited By (37 total)

  • Robbie v. City OF Miami, 469 So. 2d 1384 (Fla. 1985)
    …(Fla.1957). In addition, parties to a contract do not have to deal with every contingency in order to have an enforceable contract. See Black-hawk. Settlements, of course, are governed by the rules for interpretation of contracts. Dorson v. Dorson, 393 So. 2d 632 (Fla. 4th DCA 1981). Additionally, settlements are highly favored and will be enforced whenever possible. See Pearson v. Ecological Science Corp., 522 F. 2d 171 (5th Cir.1975), cert. denied, 425 U.S. 912, 96 S.Ct. 1508, 47 L.Ed.2d 762 (1976); Dorson…
  • Solanje Cheverie v. Geisser, 783 So. 2d 1115 (Fla. 4th DCA 2001)
    …defendant was entered. Settlement agreements are interpreted and governed by contract law. Robbie v. City of Miami, 469 So. 2d 1384 (Fla.1985); Woodfield Plaza, Ltd. v. Stiles Constr. Co., 687 So. 2d 856, 857 (Fla. 4th DCA 1997); Dorson v. Dorson, 393 So. 2d 632 (Fla. 4th DCA 1981). Preliminary negotiations or tentative and incomplete agreements do not establish a sufficient meeting of the minds to create an enforceable settlement agreement. To be judicially enforceable, a settlement “must be sufficiently s…
  • Ward W. Kelly v. Williams, 411 So. 2d 902 (Fla. 5th DCA 1982)
    …American Fire & Cas. Co. v. Davis, 146 So. 2d 615 (Fla. 1st DCA 1962). . Thompson v. Commercial Union Ins. Co. of N. Y., 250 So. 2d 259 (Fla.1971). . Florida East Coast Railway Co. v. Thompson, 93 Fla. 30, 111 So. 525 (1927). . Dorson v. Dorson, 393 So. 2d 632 (Fla. 4th DCA 1981).…

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