MICHAEL GIBSON
v.
JOSEPH DANIELS

Fla. 6th DCA | 2026-06-12
No. 2025-0752
Rodriguez, J., Mize, J., Brownlee, J., Pratt, J.
2026 FL 7261 Florida District Court of Appeal, Sixth District (2026)

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Holding

The trial court's decision enforcing the settlement agreement was affirmed based on competent substantial evidence supporting the finding that appellant's former counsel had clear and unequivocal authority to settle the case.


Headnotes

[1] In deciding a motion to enforce a settlement agreement, a court may consider documents, affidavits, depositions, and other evidence in the record to determine whether a g…

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Key Quotes

“Competent substantial evidence supports the trial court's finding that appellant's former counsel had clear and unequivocal authority from appellant to settle the case.”

Citation to Portner v. Koppel, 382 So. 3d 742, 747 (Fla. 4th DCA 2024)

Facts & Procedural History

Michael Gibson appealed a circuit court decision in Orange County regarding a settlement agreement. The dispute involved the authority of Gibson's for…

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2025-0752 Lower Tribunal No. 2023-CA-008516

MICHAEL GIBSON, Appellant,

V.

JOSEPH DANIELS, Appellee.

Appeal from the Circuit Court for Orange County. Heather Pinder Rodriguez, Judge.

June 12, 2026

PER CURIAM.

AFFIRMED. See, e.g., Portner v. Koppel, 382 So. 3d 742, 747 (Fla. 4th DCA 2024) ("Competent substantial evidence supports the trial court's finding that appellant's former counsel had clear and unequivocal authority from appellant to settle the case. . . ."); Albert v. Am. Fam. Ins. Co., 739 F. App'x 607, 610 n.2 (11th Cir. 2018) (“In deciding a motion to enforce a settlement agreement (as with a motion for summary judgment) a court may consider the documents, affidavits,

depositions and other evidence in the record to determine whether a genuine issue of material fact exists." (citations and internal quotation marks omitted)).

MIZE, BROWNLEE and PRATT, JJ., concur.

David L. Perkins and John B. Agnetti, of Hoffman, Larin & Agnetti, P.A., North Miami Beach, for Appellant.

Megan G. Colter and Thomas A. Valdez, of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, and Kathleen MacMillan and Stevie Baker, of Quintairos, Prieto, Wood & Boyer, P.A., Orlando, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF TIMELY FILED

2


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