CHUBB GROUP INSURANCE COMPANY AND DIALAMERICA, INC., APPELLANTS,
v.
MAJOR D. EASTHAGEN, II, APPELLEE

Fla. 1st DCA | 2004-11-23
No. 1D04-2464
BENTON and VAN NORTWICK, JJ., concur.
889 So. 2d 112 Florida District Court of Appeal, First District (2004) Positive Treatment
Cited by 4 cases


Opinion of the Court
WOLF, C.J.

WOLF, C.J.

Appellants, the employer and carrier, appeal a non-final order denying the Motion to Compel Execution of Settlement Documents or Alternatively Motion to Dismiss Claim with Prejudice.1 The JCC held that it lacked jurisdiction to determine whether an enforceable settlement agreement was reached. Based on this court’s recent opinions reaffirming that it is within the province of the JCC to determine whether a settlement agreement was reached, and if so, to establish its terms, the JCC’s order to the contrary is reversed. See Gerow v. Yesterday’s, 881 So. 2d 94 (Fla. 1st DCA 2004); Jacobsen v. Ross Stores, 882 So. 2d 481 (Fla. 1st DCA 2004).

BENTON and VAN NORTWICK, JJ., concur. . This court has jurisdiction pursuant to rule 9.180(b)(1)(A), Florida Rules of Appellate Procedure (2004).


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  • Ferreira v. Home Depot/Sedgwick CMS, 12 So. 3d 866 (Fla. 1st DCA 2009)
    …o return monies so the E/C could purchase an annuity to satisfy CMS’ requirements. A JCC is authorized to determine whether a valid, binding settlement agreement was reached and, if so, to establish its terms. See Chubb Group Ins. Co. v. Easthagen, 889 So. 2d 112 (Fla. 1st DCA 2004). The JCC has authority to [*868] give effect to the terms of a settlement agreement. See Jacobsen v. Ross Stores, 882 So. 2d 431, 433 (Fla. 1st DCA 2004). A JCC has jurisdiction to determine whether a party complied with the term…
  • Bonagura v. Home Depot and Sedgwick, 991 So. 2d 902 (Fla. 1st DCA 2008)
    …agreement. See Jacobsen v. Ross Stores, 882 So. 2d 431, 433 (Fla. 1st DCA 2004). The JCC is authorized to determine whether a valid, binding settlement agreement was reached and, if so, to establish its terms. See Chubb Group Ins. Co. v. Easthagen, 889 So. 2d 112, 112 (Fla. 1st DCA 2004). The JCC’s resolution of issues of law is reviewed de novo. See Amato v. Winn Dixie Stores, 810 So. 2d 979, 981 (Fla. 1st DCA 2002). The existence of a settlement agreement is a fact question within the JCC’s discretion. See…
  • Fivecoat v. Publix Super Mkts., Inc., 928 So. 2d 402 (Fla. 1st DCA 2006)
    …enter into stipulation on client’s behalf). Claimant rightfully acknowledges that the JCC has the authority to determine whether a valid, binding settlement agreement was reached and, if so, to give it effect. See Chubb Group Ins. Co. v. Easthagen, 889 So. 2d 112 (Fla. 1st DCA 2004). A settlement agreement, such as the one purportedly entered by the parties (through their attorneys) at the February 11 mediation, is governed by contract law. See Robbie v. City of Miami, 469 So. 2d 1384, 1385 (Fla.1985). Such…

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