KENNETH B. GALLIGAN, APPELLANT,
v.
RICHARD BURGESS AND THE MONASTERY, INC., D/B/A MONK'S LOUNGE, APPELLEES
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Kenneth Galligan appeals an order enforcing a settlement agreement against him individually for damages arising from a personal injury claim at his company's bar. The court reverses, holding that the party seeking to enforce the settlement failed to prove Galligan authorized or consented to the settlement negotiated by his insurance carrier's attorney.
The trial court's order enforcing the settlement against Galligan individually was reversed and remanded for vacation because the party seeking to enforce the settlement failed to prove Galligan's consent or authorization.
[1] A party seeking to enforce a settlement agreement bears the burden of proving assent to that agreement.
[2] A settlement agreement entered into by an insurer's attorney on behalf of an insured may not be enforced against the insured unless the party seeking enforcement alleges…
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Join FLexlaw to unlock all legal intelligence“The burden of establishing assent to a settlement rests on the party seeking judgment on that settlement.”
Establishes the legal standard that Burgess must prove Galligan's consent to the settlement.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGalligan owned all stock of KBG, Inc., parent corporation of The Monastery, Inc., which operated Monk's Lounge. Burgess sued Galligan and Monastery fo…
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DELL, Judge.
Kenneth Galligan appeals from an order denying his motion to set aside an order granting appellee Richard Burgess’s motion to enforce a settlement against appellant and The Monastery, Inc., d/b/a Monk’s Lounge (Monastery).1
Appellant owned all of the stock of KBG, Inc., the parent corporation of Monastery which owned and operated Monk’s Lounge. Appellee sued appellant and Monastery for damages resulting from personal injuries allegedly suffered in Monk’s Lounge. Appellant received service of process and notified the insurance carrier for Monastery, Northeastern Fire Insurance Company of Pennsylvania (Northeastern), of the suit and forwarded the complaint to the insurer for a defense. Northeastern retained Pom-eroy, Betts & Pomeroy to defend. Pomeroy sent appellee a $6,000 offer of judgment on behalf of appellant and Monastery, which appellee accepted. When Northeastern went into receivership appellee moved to enforce the settlement against appellant individually. The trial court granted the motion to enforce settlement, giving appellant and Monastery 20 days to pay the settlement. Appellant retained independent counsel and moved for a rehearing to set aside the offer of judgment, claiming that he never authorized the law firm retained by Monastery’s insurance carrier to settle the claim. The trial court denied appellant’s motion for rehearing to set aside the offer of judgment. This appeal followed.
Appellant contends that the trial court should have set aside the order enforcing the settlement because he did not authorize, consent to or ratify the settlement.
The burden of establishing assent to a settlement rests on the party seeking judgment on that settlement. Goff v. Indian Lake Estates, Inc., 178 So. 2d 910 (Fla. 2d DCA 1965). In a case factually similar to the case at bar, the Second District reversed a judgment entered against a named insured based on a compromise and settlement where all settlement negotiations took place between the plaintiff and the insurer’s attorney. The insured could not be bound unless the party seeking to enforce the settlement alleges and proves that the insured consented to or knew of the settlement negotiations. Palm Beach Royal Hotel, Inc. v. Breese, 154 So. 2d 698 (Fla. 2d DCA 1963). In the present case, appellee alleged a settlement agreement with appellant individually but failed to present any proof of this agreement or subsequent ratification by appellant.
Accordingly, we reverse and remand with instructions to vacate that portion of the order which enforces the settlement against appellant.
REVERSED and REMANDED.
BERANEK and WALDEN, JJ., concur. . Monastery failed to appeal the order enforcing settlement and thus stands as an appellee in this appeal. 9.020(f)(2), Fla.R.App.P.
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Citator
Cited By
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Vina v. Polli, 558 So. 2d 502 (Fla. 3d DCA 1990)…of establishing the assent of the opposing party. Cross-Aero Corp. v. Cross-Aero Serv. Corp., 326 So. 2d 249 (Fla. 3d DCA 1976); Carroll v. Carroll, 532 So. 2d 1109 (Fla. 4th DCA 1988), review denied, 542 So. 2d 1332 (Fla.1989); Galligan v. Burgess, 423 So. 2d 1037 (Fla. 4th DCA 1982); Goff v. Indian Lake Estates, Inc., 178 So. 2d 910 (Fla. 2d DCA 1965); see also Albert v. Hoffman [*503] Elec. Constr. Co., 438 So. 2d 1015 (Fla.4th DCA 1983). In view of the husband’s continued objection to the settlement agreem…
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David E.M. Drucker, M.D. v. Riley, 707 So. 2d 872 (Fla. 4th DCA 1998)…ccordingly, we reverse the final judgment to the extent that it provides that SFPS is jointly responsible for the payment of Dr. Drueker’s settlement. We remand with instructions to vacate the judgment as it applies to SFPS. See Galligan v. Burgess, 423 So. 2d 1037, 1038 (Fla. 4th DCA 1982). REVERSED and REMANDED WITH DIRECTIONS. GROSS, J., and OWEN, WILLIAM C., Jr, Senior Judge, concur.…
Authorities Cited
- Goff v. Indian Lake Ests., Inc., 178 So. 2d 910 (Fla. 2d DCA 1965)
- Palm Beach Royal Hotel, Inc. v. Breese, 154 So. 2d 698 (Fla. 2d DCA 1963)