RIVER CITY WHOLESALE FLORIST, LTD.; CHARLES E. BILL; AND EVERFLORA CHICAGO, INC., APPELLANT,

v.

EQUIFLOR CORPORATION, APPELLEE

Fla. 3d DCA | 2003-11-12

Nos. 3D02-3463, 3D02-3390

Before LEVY, GREEN, and FLETCHER, JJ.

864 So. 2d 21 Florida District Court of Appeal, Third District (2003) Positive Treatment

Cited by 4 cases

Topics

Attorney'S Authority To Settle Enforcement Of Settlement Agreement Competent Substantial Evidence

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Opinion of the Court

PER CURIAM.

This is an appeal from an order denying the appellants’ motion to enforce a stipulation for settlement which was executed by the attorneys but not by the parties. Generally speaking, a party seeking to enforce such an agreement has the burden of establishing assent by the opposing party. See Nehleber v. Anzalone, 345 So. 2d 822, 822 (Fla. 4th DCA 1977)(“A party seeking judgment on the basis of compromise and settlement has the burden of establishing assent by the opposing party.”); Cross-Aero Corp. v. Cross-Aero Serv. Corp., 326 So. 2d 249, 250 (Fla. 3d DCA 1976); Goff v. Indian Lake Estates, Inc., 178 So. 2d 910, 912 (Fla. 2d DCA 1965). See also Lechuga v. Flanigan’s Enters., Inc., 533 So. 2d 856, 857. (Fla. 3d DCA 1988)(“The employment of an attorney does not ... give the attorney authority to compromise the client’s cause of action or settle the client’s claim[.]”). Here, the trial court determined that appellants failed to meet this burden. Because the record supports, by competent substantial evidence, this factual determination, we must affirm.

Affirmed.

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Citator

Cited By

Collado v. Pavlow, 951 So. 2d 69 (Fla. 5th DCA 2007)

…ority to settle on her behalf. Mere employment of an attorney does not give the attorney the implied or apparent authority to compromise the client’s cause of action or settle the client’s claim. River City Wholesale Florist, Ltd. v. Equiflor Corp., 864 So. 2d 21 (Fla. 3d DCA 2003); Nehleber v. Anzalone, 345 So. 2d 822 (Fla. 4th DCA 1977). An exception to this general rule is recognized when an attorney is confronted with an emergency which requires immediate action to protect the client’s interests and cons…
Orchid Island Props., Inc. v. W.G. Mills, 889 So. 2d 142 (Fla. 4th DCA 2004)

…reement 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 enforce a stipulation for settlement); Metro. Dade County v. Edol Corp., 661 So. 2d 422 (Fla. 3d DCA 1995); Boyko v. Ilardi, 613 So. 2d 103 (Fla. 3d DCA 1993); Delta Brands, Inc. v. […

Authorities Cited

Renita Penfield Nehleber v. Anzalone, 345 So. 2d 822 (Fla. 4th DCA 1977)
Goff v. Indian Lake Ests., Inc., 178 So. 2d 910 (Fla. 2d DCA 1965)
Cross-Aero Corp. v. Cross-Aero Serv. Corp., 326 So. 2d 249 (Fla. 3d DCA 1976)
Lechuga v. Flanigan's Enters., Inc., 533 So. 2d 856 (Fla. 3d DCA 1988)

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