JOAN G. NICHOLS, APPELLANT,
v.
THE MAY DEPARTMENT STORES COMPANY, D/B/A LORD & TAYLOR, A FOREIGN CORPORATION, APPELLEE

Fla. 4th DCA | 1994-03-02
No. 93-1117
GUNTHER and STONE, JJ., and RAMIREZ, JUAN, Jr., Associate Judge, concur.
632 So. 2d 293 Florida District Court of Appeal, Fourth District (1994) Caution
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse a final order granting defendant’s motion to enforce an oral settlement agreement.

It is clear from our examination of the record that the terms of a letter to be written by Appellee were an essential element of the settlement discussion. The record does not support a conclusion that Appellant’s attorney1 agreed to the terms imposed.

GUNTHER and STONE, JJ., and RAMIREZ, JUAN, Jr., Associate Judge, concur. . The attorney’s authority to settle is not disputed.


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  • Orchid Island Props., Inc. v. W.G. Mills, 889 So. 2d 142 (Fla. 4th DCA 2004)
    …agreement. Contrary to petitioner’s concern expressed below, the trial court’s order was an ap-pealable order. There is authority for treating an order compelling a settlement agreement as an appealable order. See Nichols v. May Dep’t Stores Co., 632 So. 2d 293 (Fla. 4th DCA 1994) (reversing a final order granting defendant’s motion to enforce oral settlement agreement); River City Wholesale Florist, Ltd. v. Equiflor Corp., 864 So. 2d 21 (Fla. 3d DCA 2003) (appeal involving an order denying a motion to enf…
  • Nastasi v. Thomas, 88 So. 3d 407 (Fla. 4th DCA 2012)
    …nting a motion to enforce the settlement agreement constitutes a final order, citing Baron v. Provencial, 908 So. 2d 526 (Fla. 4th DCA 2005); Spiegel v. H. Allen Holmes, Inc., 834 So. 2d 295 (Fla. 4th DCA 2002); Nichols v. May Department Stores Co., 632 So. 2d 293 (Fla. 4th DCA 1994); and Travelers Indemnity Co. v. Walker, 401 So. 2d 1147 (Fla. 3d DCA 1981) as authority for jurisdiction. We find those cases inapposite because in each case, the order enforcing the settlement agreement made it clear that no fur…

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