BOBBIE D. BARNWELL, APPELLANT,
v.
MIAMI-DADE COUNTY SCHOOL BOARD AND GALLAGHER BASSETT, APPELLEES

Fla. 1st DCA | 2010-11-22
No. 1D10-0378
PADOVANO and CLARK, JJ., concur.
48 So. 3d 144 Florida District Court of Appeal, First District (2010) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A workers' compensation claimant appealed an order enforcing a settlement agreement reached at mediation with her employer, the Miami-Dade County School Board. The court reversed because the trial judge improperly excluded evidence regarding the comprehensive release agreement mailed after mediation, which created a latent ambiguity about the scope and enforceability of the settlement.


Holding

The court reversed and remanded, holding that the mediation agreement contained a latent ambiguity regarding the meaning of 'release,' and that parol evidence regarding the comprehensive release agreement mailed after mediation was admissible and should have been considered. The trial judge erred in excluding evidence of the settlement documents based on the parol evidence rule.


Headnotes

[1] A latent ambiguity arises when clear language requires interpretation due to extrinsic facts.

[2] The parol evidence rule does not bar admission of evidence to clarify a latent ambiguity in a contract.

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Key Quotes

“A latent ambiguity — as distinct from a patent ambiguity— arises 'where the language employed is clear and intelligible and suggests but a single meaning, but some extrinsic fact or extraneous evidence creates a necessity for interpretation or a choice among two or more possible meanings.'”

Establishes the legal standard for latent ambiguity in contract interpretation, which the court found present in the mediation agreement due to the comprehensive release mailed afterward.

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Facts & Procedural History

Barnwell, employed by Miami-Dade County School Board, had six pending workers' compensation claims from multiple industrial accidents. The parties rea…

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Opinion of the Court
BENTON, C.J.

BENTON, C.J.

A workers’ compensation claimant appeals an order “enforcing a settlement” purportedly reached in mediation, raising three issues. Because we agree the parol evidence rule was improperly applied to exclude evidence below, we reverse on that ground without reaching the other issues, and remand for further proceedings.

Whether the writing subscribed at mediation is ambiguous is a question of law subject to de novo review. See Ivester v. Parkway Reg’l & Specialty Risk, 996 So.2d 909, 911 (Fla. 1st DCA 2008); Churchville v. GACS Inc., 973 So.2d 1212, 1215 (Fla. 1st DCA 2008). Our cases recognize at least two categories of release, at least one of which would render any settlement agreement voidable upon the claimant’s timely election.1 “A latent ambigui*146ty — as distinct from a patent ambiguity— arises ‘where the language employed is clear and intelligible and suggests but a single meaning, but some extrinsic fact or extraneous evidence creates a necessity for interpretation or a choice among two or more possible meanings.’ ” Mac-Gray Servs., Inc. v. Savannah Assocs. of Sarasota, LLC, 915 So.2d 657, 659 (Fla. 2d DCA 2005) (quoting Ace Elec. Supply Co. v. Terra Nova Elec., Inc., 288 So.2d 544, 547 (Fla. 1st DCA 1974)). The use of the unmodified word “release” creates in the present case at least a latent ambiguity, affecting a material term of what was reduced to writing at the mediation conference.

In dispute is whether the parties settled claims relating to multiple industrial accidents allegedly occurring while the claimant was employed by the Miami-Dade County School Board, when they subscribed to this writing at a mediation conference:

1.The Claimant has 6 different claims pending at present against the Miami Dade County School Board. Each case is being washed out in the amount of $7,000, and the Claimant will pay her attorney, Ms. Fornaris a statutory fee of $1,800 under each washout and a total amount of costs in the amount of $600. The total amount of settlement for all 6 dates of accident is for $42,000 and Claimant will net minus fees and costs, a net amount of $88,600.
2. Straight stipulation for attorney’s fees wherein the Employer/Carrier pays attorney Asnis, the prior Claimants lawyer, a fee of $5,000 and costs in the amount of $270 to resolve his lien.
3. Employer/Carrier will reimburse the Claimant the amount of $130 for prescriptions as part of the washout settlement in any of the dates of accident.
4. Claimant will sign a resignation and release and the consideration for same is $100.
5. This is a full and final settlement and binding on all parties as of today’s date. The total amount of the settlement including all attorneys fees and costs is $47,500.

Whether this writing constitutes a binding contract settling the case depends on general principles of contract law. See Robbie v. City of Miami, 469 So.2d 1384, 1385 (Fla.1985) (“Settlements, of course, are governed by the rules for interpretation of contracts. Dorson v. Dorson, 393 So.2d 632 (Fla. 4th DCA 1981).”).

Parol evidence is admissible and properly considered “in determining the parties’ intent where the existence of some collateral or extraneous matter renders the contract’s application uncertain.” Emergency Assocs. of Tampa, P. A. v. Sassano, 664 So.2d 1000, 1002-03 (Fla. 2d DCA 1995). When, after the mediation conference, the claimant received in the mail a set of documents that included a comprehensive release2 covering not only *147workers’ compensation claims but also a wide array of other potential claims under state and federal law, the claimant refused to sign. The School Board and Gallagher Bassett then filed a motion to enforce the settlement. At the ensuing evidentiary hearing, Ms. Barnwell contended, among other things, that the settlement documents she received in the mail included provisions that made the mediation agreement contingent.

The order under review, enforcing the mediation agreement,3 concluded that the mediation agreement was “clear, unambiguous and enforceable,” and found: “There is no sufficient evidence that any proffered settlement paperwork (which of necessity will follow the agreement entered into at the mediation conference on 3/20/2009) renders the Mediation Agreement dependent upon any contingencies, or represents a modification of the parties’ agreement reached at the mediation conference.”

But the judge of compensation claims reached these conclusions only after excluding the “proffered settlement paperwork,” and refusing to consider it. When the School Board and Gallagher Bassett objected to the admission of the settlement documents they had mailed to Ms. Barn-well, on grounds the documents were parol evidence, he refused to admit them into evidence, but he did accept them as a proffer.

The possibility that the “release” referred to at mediation meant a release of the kind that would make any overall settlement unenforceable4 gave rise to a latent ambiguity, making consideration of extrinsic evidence appropriate. See Wheeler v. Wheeler, Erwin & Fountain, P.A., 964 So.2d 745, 749-750 (Fla. 1st DCA 2007) (holding that “latent ambiguity in a contract arises when the contract on its face appears clear and unambiguous, but fails to specify the rights or duties of the parties in certain situations”) (quoting Jenkins v. Eckerd Corp., 913 So.2d 43, 52-53 (Fla. 1st DCA 2005)). The judge of compensation claims erred in refusing to admit the proffered documents into evidence, and should consider them on remand.

Reversed and remanded, with instructions.

PADOVANO and CLARK, JJ., concur.


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Citator

Cited By

  • Duval Motors Co. v. Rogers, 73 So. 3d 261 (Fla. 1st DCA 2011)
    …age employed is clear and intelligible and suggests but a single meaning, but some extrinsic fact or extraneous evidence creates a necessity for interpretation or a choice among two or more possible meanings.” Barnwell v. Miami-Dade County Sch. Bd., 48 So. 3d 144, 145-46 (Fla. 1st DCA 2010) (citation omitted). . The parol evidence rule is often characterized as excluding evidence of an oral agreement. See, e.g., Jenkins, 913 So. 2d at 53; Sears v. James Talcott, Inc., 174 So. 2d 776, 778 (Fla. 2d DCA 1965).…
  • Dennis v. Kline, 120 So. 3d 11 (Fla. 4th DCA 2013)
    …uage employed is clear and intelligible and suggests but a single meaning, but some extrinsic fact or extraneous evidence creates a necessity for interpretation or a choice among two or more possible meanings.” Barnwell v. Miami-Dade Cnty. Sch. Bd., 48 So. 3d 144, 145-46 (Fla. 1st DCA 2010) (citation omitted). The lawyer who drafted the Trust did not discuss adult adoptions with the Settlor. In the absence of ironclad evidence of the Settlor’s express declaration of opposition to adult adoptions, the Set-tl…
  • Toussaint v. Toussaint, 107 So. 3d 474 (Fla. 1st DCA 2013)
    …intelligible and suggests but a single meaning, but some extrinsic fact or extraneous evidence creates a necessity for interpretation or a choice among two or more possible meanings.” Id. at 265 n. 2 (quoting Barnwell v. Miami-Dade County Sch. Bd., 48 So. 3d 144, 145-46 (Fla. 1st DCA 2010)). Finally, “parol evidence is admissible to explain, clarify or elucidate the ambiguous term.” Strama v. Union Fidelity Life Ins. Co., 793 So. 2d 1129, 1132 (Fla. 1st DCA 2001) (quoting Friedman v. Va. Metal Prods. Corp.,…

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