ARCHITECTURAL NETWORK, INC., A FLORIDA CORPORATION; DAVID MARSHALL CORBAN, INDIVIDUALLY, APPELLANTS,
v.
GULF BAY LAND HOLDINGS II, LTD., A FLORIDA LIMITED PARTNERSHIP D/B/A PARCEL C JOINT VENTURE, BY ITS GENERAL PARTNER, GULF BAY LAND HOLDINGS II, INC.; STEVEN FELLER, P.E., INC., A FLORIDA CORPORATION; AND STEVEN M. FELLER, INDIVIDUALLY, APPELLEES
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Architectural Network, Inc. and David Marshall Corban challenged a trial court order enforcing a settlement agreement, claiming their counsel lacked authority to settle. The appellate court reversed because the trial court failed to conduct an evidentiary hearing on the disputed issue of whether a settlement was actually reached.
The trial court erred in denying an evidentiary hearing. A party seeking to enforce a settlement agreement must demonstrate that the opposing party's attorney had unequivocal authority to settle, and this disputed factual question requires evidentiary development before enforcement can be ordered.
[1] A party seeking to enforce a settlement agreement bears the burden of proving that the opposing party's attorney had clear and unequivocal authority to settle.
[2] Evidence of an attorney's representation of settlement authority, without personal knowledge of the client's instructions, is insufficient to establish clear and unequivo…
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Join FLexlaw to unlock all legal intelligence“A party seeking to enforce a settlement agreement bears the burden of showing that an attorney for the opposing party had the unequivocal authority to settle on the client's behalf.”
Establishes the legal standard for enforcing settlement agreements and identifies who bears the burden of proof.
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Join FLexlaw to unlock all legal intelligenceANI and Corban were parties to litigation with Gulf Bay Land Holdings II, Ltd. and others. Gulf Bay moved to enforce a purported settlement agreement.…
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FULMER, Chief Judge.
Architectural Network, Inc. (ANI), and David Marshall Corban challenge the trial court’s “Order on Motion to Enforce Settlement Agreement and Entry of Final Judgment.” Because the trial court erred in denying ANI and Corban’s request for an evidentiary hearing before ruling on the validity of the purported settlement agreement, we reverse and remand for further proceedings.
ANI and Corban argue that the trial court was required to conduct an evidentiary hearing on them claim that their counsel did not have authority to settle the suit on their behalf.1 Gulf Bay Land Holdings II, Ltd., contends that there are no issues on appeal requiring interpretation of the settlement agreement or weighing disputed evidence. It claims that the trial court’s order is properly based on undisputed facts.
A party seeking to enforce a settlement agreement bears the burden of showing that an attorney for the opposing party had the unequivocal authority to settle on the client’s behalf. Fivecoat v. Publix Super Markets, Inc., 928 So. 2d 402, 403 (Fla. 1st DCA 2006); Sharick v. Se. Univ. of the Health Sciences, Inc., 891 So. 2d 562, 565 (Fla. 3d DCA 2004); Weitzman v. Bergman, 555 So. 2d 448, 449-50 (Fla. 4th DCA 1990); Jorgensen v. Grand Union Co., 490 So. 2d 214, 215 (Fla. 4th DCA 1986); Vantage Broadcasting Co. v. WINT Radio, Inc., 476 So. 2d 796, 798 (Fla. 1st DCA 1985).
Contrary to Gulf Bay’s claim, the transcript of the hearing before the trial court on Gulf Bay’s motion to enforce the settlement agreement does not demonstrate that the facts were undisputed. It is clear from the argument of counsel at the hearing that the parties disputed whether a settlement had been reached. The hearing was brief and consisted entirely of argument by counsel. The purported written settlement agreement that both sides discuss on appeal was not entered into evidence. Therefore, the factual findings recited in the trial court’s order lack record support because there was no evidence taken below.
Whether the attorney for ANI and Cor-ban had authority to settle on his clients’ behalf requires evidentiary development before the trial court can order enforee ment of the purported agreement. We, therefore, remand for an evidentiary hearing on the issue of whether the parties had reached a settlement.
Reversed and remanded for further proceedings.
NORTHCUTT, J., and KHOUZAM, NELLY N., Associate Judge, Concur. . ANI and Corban attempt to rely on affidavits submitted in conjunction with their motion for rehearing. Because they filed their notice of appeal before the motion for rehearing was ruled upon by the trial court, we do not rely on the affidavits.
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Peraza v. Robles, 983 So. 2d 1189 (Fla. 3d DCA 2008)…ase and a UM carrier authorization. We do not accept this contention because, in response, Peraza denied those allegations and sought an evidentiary hearing to resolve the conflict. See Architectural Network, Inc. v. Gulf Bay Land Holdings II, Ltd., 933 So. 2d 732 (Fla. 2d DCA 2006); Nichols v. Martell, 612 So. 2d at 658-59. In seeking enforcement of the purported agreement, it was MGA’s burden to prove the secretary’s acceptance and her authority to agree. Because it failed to do so, we reverse the dismissal…
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U.S. Bank Nat'l Ass'n for J.P. Morgan Mortg. Acquisition Corp. 2005-WMC1 v. Rios, 166 So. 3d 202 (Fla. 2d DCA 2015)…ent in what they find to be a ‘clear and unequivocal’ grant of authority.” Architectural Network, Inc. v. Gulf Bay Land Holdings II, Ltd., 989 So. 2d 662, 663 (Fla. 2d DCA 2008) (citing Architectural Network, Inc. v. Gulf Bay Land Holdings II, Ltd., 933 So. 2d 732, 733 (Fla. 2d DCA 2006), and Weitzman v. Bergman, 555 So. 2d 448, 449 (Fla. 4th DCA 1990)). Here, Mr. Sanoba testified to his understanding that when he was dealing with Ms. Giasi he was “dealing directly with the bank and that the bank had approve…
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Architectural Network, Inc. v. Gulf BAY Land Holdings II, Ltd., 989 So. 2d 662 (Fla. 2d DCA 2008)…y seeking to enforce a settlement agreement bears the burden of showing that an attorney for the opposing party had the clear and unequivocal authority to settle on the client’s behalf. Architectural Network, Inc. v. Gulf Bay Land Holdings II, Ltd., 933 So. 2d 732, 733 (Fla. 2d DCA 2006). As noted in Weitzman v. Bergman, 555 So. 2d 448, 449 (Fla. 4th DCA 1990), courts have been very stringent in what they find to be a “clear and unequivocal” grant of authority. The record in this case is not sufficient to per…1 / 2
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Weitzman v. Bergman, 555 So. 2d 448 (Fla. 4th DCA 1990)
- Vantage Broad. Co. v. Wint Radio, Inc., 476 So. 2d 796 (Fla. 1st DCA 1985)
- Sharick v. Se. Univ. OF THE Health Scis., Inc., 891 So. 2d 562 (Fla. 3d DCA 2004)
- Jorgensen v. The Grand Union Co., 490 So. 2d 214 (Fla. 4th DCA 1986)
- Fivecoat v. Publix Super Mkts., Inc., 928 So. 2d 402 (Fla. 1st DCA 2006)