FRANK G. CIBULA, JR., INDIVIDUALLY AND FRANK G. CIBULA, JR., RICHARD H. GAUNT, AND KENT S. PRATT, FORMERLY D/B/A CIBULA GAUNT AND PRATT, APPELLANTS,
v.
LESLIE A. ROSS, JR., APPELLEE
FRANK G. CIBULA, JR., INDIVIDUALLY AND FRANK G. CIBULA, JR., RICHARD H. GAUNT, AND KENT S. PRATT, FORMERLY D/B/A CIBULA GAUNT AND PRATT, APPELLANTS,
LESLIE A. ROSS, JR., APPELLEE
597 So. 2d 915
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
While the record establishes the attorney’s limited authority to settle the claim against her client, it contains no evidence of her client’s clear and unequivocal consent to the filing of an offer of judgment. Because an adverse judgment has ramifications that a voluntary dismissal of a claim does not, authority to settle does not equate to authority to file an offer of judgment. We reverse. See Weitzman v. Bergman, 555 So. 2d 448 (Fla. 4th DCA 1990); Vantage Broadcasting Co. v. WINT Radio, Inc., 476 So. 2d 796 (Fla. 1st DCA 1985).
GLICKSTEIN, C.J., and DELL and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ponce v. U-Haul Co. OF Fla. & Robert Freelove, 979 So. 2d 380 (Fla. 4th DCA 2008)…“Florida courts have applied a strict standard of proof’ in determining whether a client authorized the attorney to settle the client’s claim. An attorney’s good faith belief that the attorney had authority to settle is insufficient. Cibula v. Ross, 597 So. 2d 915 (Fla. 4th DCA 1992); Dixie Operating Co. v. Exxon Co., 493 So. 2d 61, 63 (Fla. 1st DCA 1986). We further recognized, in Bursten v. Green, 172 So. 2d 472 (Fla. 2d DCA 1965), that a contract giving the attorney the right “to negotiate settlement” fail…
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Sosnick v. Danette McMANUS, 815 So. 2d 759 (Fla. 4th DCA 2002)…lement bears the burden of showing that the attorney proposing the settlement had the clear and unequivocal authority from his client to do so. See also Sheldon Greene & Assocs., Inc. v. Holstein, 629 So. 2d 1009 (Fla. 4th DCA 1993); Cibula v. Ross, 597 So. 2d 915 (Fla. 4th DCA 1992); Weitzman v. Bergman, 555 So. 2d 448 (Fla. 4th DCA 1990); Carroll v. Carroll, 532 So. 2d 1109 (Fla. 4th DCA 1988); Jorgensen v. Grand Union Co., 490 So. 2d 214 (Fla. 4th DCA 1986); Vantage Broad. Co. v. WINT Radio, Inc., 476 So.…
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Global Commodities Servs., Inc. v. Rodrigo Salguero, 671 So. 2d 835 (Fla. 3d DCA 1996)…PER CURIAM. Affirmed. See Cibula v. Ross, 597 So. 2d 915 (Fla. 4th DCA 1992).…
Authorities Cited
- Weitzman v. Bergman, 555 So. 2d 448 (Fla. 4th DCA 1990)
- Vantage Broad. Co. v. Wint Radio, Inc., 476 So. 2d 796 (Fla. 1st DCA 1985)