METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, WHICH OWNS JACKSON MEMORIAL HOSPITAL, AND THE PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, AN AGENCY AND INSTRUMENTALITY OF DADE COUNTY, WHICH MAINTAINS, GOVERNS AND OPERATES JACKSON MEMORIAL HOSPITAL, APPELLANTS,
v.
THE ESTATE OF MERIDA HERNANDEZ, DEC'D., LEOPOLDO HERNANDEZ, JR., IN HIS CAPACITY AS PERSONAL REPRESENTATIVE OF THE ESTATE AND LEOPOLDO HERNANDEZ, SR., APPELLEES
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The Public Health Trust of Dade County appealed an order enforcing an alleged settlement agreement with Leopoldo Hernandez over medical services provided to his deceased wife. The trial court found the parties entered into a settlement but could not determine whether the agreed amount was $10,500 or $10,000, so it split the difference at $10,250. The appellate court reversed, holding that without agreement on the essential term of settlement amount, no enforceable contract existed.
No enforceable oral settlement contract existed because the parties did not have a meeting of the minds on the amount, which is an essential term of a contract. An agreement must be firm or definite in its essential terms to be legally enforceable.
[1] A party seeking to establish the existence of an oral contract must present evidence that preponderates by the greater weight.
[2] For an agreement to be legally enforceable, its essential terms must be firm and definite.
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Join FLexlaw to unlock all legal intelligence“A party seeking to establish the existence of an oral contract has a burden of to present evidence which preponderates by the greater weight.”
Establishes the evidentiary burden for proving an oral contract exists.
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Join FLexlaw to unlock all legal intelligenceThe Public Health Trust sued Hernandez to recover for medical services provided to his deceased wife. The Trust sent a settlement offer of $10,500. He…
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PER CURIAM.
Appellants appeal an order enforcing a settlement agreement with appellees. We reverse and remand.
Appellant, the Public Health Trust of Dade County (Trust), brought suit against appellee, Leopoldo Hernandez, Sr. (Hernandez), to recover for medical services provided Hernandez’s deceased wife. After the parties entered into settlement negotiations, the Trust sent a letter offering to settle the claims for $10,500. Shortly thereafter, Hernandez verbally offered to settle for $10,000. A dispute arose concerning whether the $10,000 offer had been accepted. Hernandez claimed that the Trust accepted the $10,000 settlement offer, while the Trust, claimed that it never accepted the offer. The trial court entered an order finding that the parties factually entered into a settlement agreement. Since the trial court was unable to determine whether the amount of the settlement was $10,500 or $10,000, it ordered that the difference be split and the matter settled for $10,250.
“A party seeking to establish the existence of an oral contract has a burden of to present evidence which preponderates by the greater weight.” Theocles v. Lytras, 518 So. 2d 936 (Fla. 3d DCA 1987); see also Batista v. Walter & Bernstein, P.A., 378 So. 2d 1321 (Fla. 3d DCA 1980); Smith v. Smith, 375 So. 2d 1138 (Fla. 3d DCA 1979); South Carolina Insurance Company v. Wolf, 331 So. 2d 337 (Fla. 1st DCA 1976). For an agreement to be legally enforceable, the agreement must be firm or definite in its essential terms. Theocles v. Lytras, 518 So. 2d at 936; Batista v. Walter & Bernstein, 378 So. 2d at 1321.
In this case, there is no competent and substantial evidence that the parties agreed on the essential terms of the contract. Theocles v. Lytras, 518 So. 2d at 936. This is reflected in the trial judge’s order stating: “The Court is unable to ascertain whether the amount of the settlement was $10,500.00 or 10,000.00....”
Because there was no meeting of the minds on the amount of the settlement, which is an essential term of a contract, we find that there was no enforceable oral contract. Accordingly, we reverse and remand for appropriate action.
Reversed and remanded.
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de Cespedes v. Laida Bolanos, 711 So. 2d 216 (Fla. 3d DCA 1998)…to the law of contracts.” Suggs v. Defranco’s, Inc., 626 So. 2d 1100, 1100 (Fla. 1st DCA 1993). For such an agreement to be legally enforceable, it must be firm or definite in its essential terms. See Metropolitan Dade County v. Estate of Hernandez, 591 So. 2d 1124, 1124 (Fla. 3d DCA 1992). “Even though all the details are not [*218] definitely fixed, an agreement may be binding if the parties agree on the essential terms and seriously understand and intend the agreement to be binding on them.” Blackhawk Heati…
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Dreyfuss v. Jacques F. Dreyfuss & Brickell Earth Station, Inc., 701 So. 2d 437 (Fla. 3d DCA 1997)…actual partnership. See Theocles v. Lytras, 518 So. 2d 936 (Fla. 3d DCA 1987). The record clearly reflects that Kenneth failed to sustain his burden of proving the existence of a binding contract. See Metropolitan Dade County v. Estate of Hernandez, 591 So. 2d 1124 (Fla. 3d DCA 1992); Theocles, 518 So. 2d at 937. Specifically, Kenneth failed to identify such essential terms as the parties to the contract, or the contract’s duration.2 Indefiniteness regarding the duration of an agreement can [*439] be fatal to…
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John Alden Life Ins. Co. v. Benefits Mgmt. Assocs., Inc., 675 So. 2d 188 (Fla. 3d DCA 1996)…624 So. 2d 313, 315 (Fla. 1st DCA 1993), rev. denied, 634 So. 2d 629 (Fla.1994); Bee Line Air Transp. Inc. v. Dodd, 496 So. 2d 874 (Fla. 3d DCA 1986), rev. denied, 506 So. 2d 1040 (Fla.1987); see also Metropolitan Dade County v. Estate of Hernandez, 591 So. 2d 1124 (Fla. 3d DCA 1992) (finding failure to have reached a settlement agreement where there was no competent substantial evidence that the parties had agreed on an essential term of the contract, namely, whether the consideration was to be $10,000 or $10…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Arnaldo Fernandez Batista & Rock & Fill Corp. v. Walter & Bernstein, P.A., 378 So. 2d 1321 (Fla. 3d DCA 1980)
- Nickolas A. Theocles v. Spiros Lytras, 518 So. 2d 936 (Fla. 3d DCA 1987)
- Smith v. Treva E. Smith and Gary Hale, 375 So. 2d 1138 (Fla. 3d DCA 1979)
- S.C. Ins. Co. v. Wolf, 331 So. 2d 337 (Fla. 1st DCA 1976)