MICHAEL STEPHENS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hamilton v. Fla. Power & Light Co., 48 So. 3d 170 (Fla. 4th DCA 2010)
  …t from which Hamilton now appeals. A party seeking to enforce a settlement agreement bears the burden of [*172] showing that the attorney proposing the settlement had the clear and unequivocal authority from his client to do so. Sosnick v. McManus, 815 So. 2d 759, 762-63 (Fla. 4th DCA 2002). The trial court’s factual findings that there was a clear and unequivocal grant of authority must be supported by competent, substantial evidence in order to be upheld on appeal. See Spiegel v. H. Allen Holmes, Inc., 834…
• Fivecoat v. Publix Super Mkts., Inc., 928 So. 2d 402 (Fla. 1st DCA 2006)
  …nt in what they find to be a ‘clear and unequivocal’ grant of authority.” Weitzman v. Bergman, 555 So. 2d 448, 449 (Fla. 4th DCA 1990). Given these circumstances, the JCC cannot compel enforcement of the settlement agreement. See Sosnick v. McManus, 815 So. 2d 759, 762 (Fla. 4th DCA 2002). Referring to the requirement of clear and unequivocal authority from the client, the E/C note: Adherence to this rule does not preclude the application of principles of equity when a party has relied to its irreparable det…
• Ponce v. U-Haul Co. OF Fla. & Robert Freelove, 979 So. 2d 380 (Fla. 4th DCA 2008)
  …must be clear and unequivocal. ... (5) An unauthorized compromise, executed by an attorney, unless subsequently ratified by his client, is of no effect and may be repudiated or ignored and treated as a nullity by the client.... Sosnick v. McManus, 815 So. 2d 759, 762-63 (Fla. 4th DCA 2002) (quoting Nehleber, 345 So. 2d at 823). Referring to the “clear and unequivocal” grant of special or express authority, the Vantage Broadcasting Co. v. WINT Radio, Inc., 476 So. 2d 796, 797 (Fla. 1st DCA 1985) court recog…