JOHN JORGENSEN, APPELLANT,
v.
THE GRAND UNION COMPANY, APPELLEE

Fla. 4th DCA | 1986-06-25
No. 85-1929
GUNTHER and STONE, JJ., concur.
490 So. 2d 214 Florida District Court of Appeal, Fourth District (1986) Caution
Cited by 14 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

Appellant settled a personal injury claim with the condition that settlement occur within ten days. After a settlement was purportedly reached, the lower court enforced it despite disputes about timing and the check amount. The court reversed, holding that the settlement authority was not sufficiently clear and unequivocal, and the burden to prove settlement within the required timeframe was not met.


Holding

The court reversed the lower court's order enforcing the settlement. The client's express authority to his attorney to settle must be clear and unequivocal, which was not established here given the lack of testimony defining what "settle" meant to the client or his lawyer, and appellee failed to prove the settlement occurred within the required ten days.


Headnotes

[1] A client's express authority to an attorney to settle a cause of action must be clear and unequivocal.

[2] The burden to prove a settlement rests on the party seeking to enforce it.

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Key Quotes

“a client's express authority given to his attorney to settle his cause of action must be clear and unequivocal”

Establishes the standard governing settlement authority, citing Nehleber v. Anzalone

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Facts & Procedural History

In September 1984, Jorgensen instructed his attorney to settle a pending personal injury action within ten days if possible, motivated by financial pr…

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Opinion of the Court
GLICKSTEIN, Judge.

GLICKSTEIN, Judge.

This is an appeal from an order which granted appellee’s motion to enforce settlement. We reverse.

Sometime in September 1984, appellant, who had an action pending against appel-lee, since 1983, told his lawyer that if he could settle the case within ten days, he should do so. He gave his attorney no specific figure that he would accept; but the record reflects that it was to be suffi cient to pay his medical bills, attorney’s fees and costs, arising out of the claim which occasioned the action.

We know that his lawyer did not communicate with appellee’s lawyer on the same day as the client authorized the settlement because appellant’s lawyer testified at the hearing upon appellee’s subsequent motion to enforce settlement as follows:

At some point in time, and I couldn’t tell you the dates, but it would be probably shortly before the settlement letter [the letter indicated that it was the first notice to appellee’s attorney of appellant’s desire to settle] that I sent out. Mr. Jorgensen came in to see me, as he had on other occasions, and on this particular occasion, he told me that he needed to settle the case relatively quickly because he had a lot of financial pressure on him, just as he related.

And I don’t recall exactly what the conversation was, and I suppose that the letter will speak for itself. But we made a settlement demand.

He further testified as to telephone conversations with the treating physicians about compromising their bills, which occurred after the conversation with appellant.

We know that appellant’s lawyer sent a demand letter for $6,500, dated September 19, 1984; and we know that sometime before September 29, 1984, appellee’s counsel agreed to pay appellant $6,500. Finally, we know that the ten-day requirement of settlement was critical to appellant because of his following testimony:

A I was being pressured by the doctor, the doctors were going to file suit against me for not paying my medical bills, and they had sent through the credit bureau ruining my credit, and saying, you know, give me so many days to pay the bills, or they were going to take legal action, and I got — you know, I got pressured — that is where it led me up at that point in time.

Q Did you get money from some other source?

A Yes, I did. I borrowed some money from my mother, to get out of the temporary financial bind I was in. And my mother loaned me the money, and it got me out of the bind at that present time.

Murphy’s Law took hold of the matter after September 28, 1984, in that the check sent by appellee’s lawyer to appellant’s lawyer was not received until October 12, 1984, and was in the incorrect amount; namely, $7,500, which required its return. It is now mid-1986; and the client must wonder about the reality of the journey upon which he embarked in bringing a lawsuit for personal injury in 1983, agreeing to settle his claim in 1984 if it could be done in ten days, and watching the system churn thereafter. The law is clear in that a client’s express authority given to his attorney to settle his cause of action must be clear and unequivocal. Nehleber v. Anzalone, 345 So. 2d 822 (Fla. 4th DCA 1977). It cannot be said to be clear and unequivocal when the record is void of any testimony as to what “to settle” meant to this non-lawyer client under the financial gun from his creditors and what it meant to his lawyer. It is equally clear that the burden to prove the settlement was on appellee. See Nehle-ber. That burden was not met when there is no proof that the matter was settled within ten days of the client’s conversation with his lawyer. This case points out how we lawyers and judges, by focusing on our verbiage and customs, can isolate ourselves from the frames of reference, language, thought processes and expectations of clients; and the problems that can arise by that isolation.

GUNTHER and STONE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Spiegel v. H. Allen Holmes, Inc., 834 So. 2d 295 (Fla. 4th DCA 2002)
    …inty as to nonessential terms or small items will not preclude the enforcement of a settlement agreement. A client’s express authority given to his attorney to settle a cause of action must be clear and unequivocal. See Jorgensen v. Grand Union Co., 490 So. 2d 214 (Fla. 4th DCA 1986). However, “[t]he making of a contract depends not on the agreement of two minds in one intention, but on the agreement of two sets of external signs — not on the parties having meant the same thing but on their having said the sa…
  • Weitzman v. Bergman, 555 So. 2d 448 (Fla. 4th DCA 1990)
    …and dismissed the action. Because the record does not clearly show that attorney Berman was authorized to settle the case, we reverse the order granting the motion to compel and reverse the final judgment of dismissal. Jorgensen v. Grand Union Co., 490 So. 2d 214 (Fla. 4th DCA 1986) explains that a client’s express authority given to an attorney to settle a cause of action must be “clear and unequivocal.” Further, it is well settled that “an unauthorized compromise executed by an attorney, unless subsequentl…
  • Sharick v. Se. Univ. OF THE Health Scis., Inc., 891 So. 2d 562 (Fla. 3d DCA 2004)
    …6); see also Weitzman v. Bergman, 555 So. 2d 448, 449-50 (Fla. 4th DCA 1990) (noting that “it is the burden of the party seeking to compel the settlement ... to show that the attorney had authority to settle the case”); Jorgensen v. Grand Union Co., 490 So. 2d 214, 215 (Fla. 4th DCA 1986) (“[t]he law is clear that a client’s express authority given to his attorney to settle his cause of action must be clear and unequivocal”). Employment of an attorney to represent a client does not confer on the attorney impl…

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