REBECCA BOYKO, APPELLANT,
v.
MICHAEL A. ILARDI, AND SERVICE CONTROL CORPORATION, APPELLEES
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PER CURIAM.
The plaintiff Rebecca Boyko appeals from a final order compelling her to execute settlement documents in a negligence action arising from an automobile accident. We affirm based on a holding that (1) counsel for the respective parties entered into a binding oral settlement agreement which was expressly agreed to by both parties, including the plaintiff, see, e.g., Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Dixie Operating Co. v. Exxon Co., US.A., 493 So. 2d 61 (Fla. 1st DCA 1986); Nehleber v. Anzalone, 345 So. 2d 822 (Fla. 4th DCA 1977); Cross-Aero Corp. v. Cross-Aero Serv. Corp., 326 So. 2d 249 (Fla. 3d DCA 1976); (2) said settlement agreement was not barred by the statute of frauds [§ 725.-01, Fla.Stat. (1991)], because performance could be completed within one year; and (3) the execution of the settlement documents was not a condition precedent to the settlement agreement, but rather a mere procedural formality which both parties to the settlement agreement were obliged to perform. We have not overlooked the plaintiff’s arguments to the contrary, but are not persuaded thereby.
Affirmed.
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Erhardt v. Duff, 729 So. 2d 529 (Fla. 4th DCA 1999)…eed to meet in its July 28 letter. Because Security National agreed to tender the policy limits to Erhardt, we hold the execution of the release was implicit as part of the tender, and not an additional element of the agreement. See Boyko v. Ilardi, 613 So. 2d 103, 104 (Fla. 3d DCA 1993)(holding the execution of settlement documents a mere procedural formality). Simply put, it would have made no sense for Security National to tender its policy limits if there remained a possibility that it could still be liab…
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Berges v. Infinity Ins. Co., 896 So. 2d 665 (Fla. 2004)…n the parties’ representatives with settlement authority was binding); Long Term Mgmt., Inc. v. University Nursing Care Ctr., Inc., 704 So. 2d 669, 673 (Fla. 1st DCA 1997) (holding that a verbal settlement agreement is enforceable); Boyko v. Ilardi, 613 So. 2d 103, 104 (Fla. 3d DCA 1993) (holding that “execution of settlement documents was not a condition precedent to the oral settlement agreement, but rather a procedural formality which both parties to the settlement agreement were obliged to perform”); see…
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Peraza v. Robles, 983 So. 2d 1189 (Fla. 3d DCA 2008)…documents demanded in MGA’s response were not shown to be “usual settlement documents” implicit in any settlement, Nichols v. Martell, 612 So. 2d 657, 658 (Fla. 3d DCA 1993); Erhardt v. Duff, 729 So. 2d 529, 530 (Fla. 4th DCA 1999); Boyko v. Ilardi, 613 So. 2d 103, 104 (Fla. 3d DCA 1993), and thus, constituted a separate additional requirement that conditioned the settlement on the submission of the requested documents, we conclude that MGA’s response was a counteroffer that served as a rejection of Peraza’s…
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- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
- Renita Penfield Nehleber v. Anzalone, 345 So. 2d 822 (Fla. 4th DCA 1977)
- Cross-Aero Corp. v. Cross-Aero Serv. Corp., 326 So. 2d 249 (Fla. 3d DCA 1976)
- Dixie Operating Co. v. Exxon Co., 493 So. 2d 61 (Fla. 1st DCA 1986)