14 Fla. L. Weekly Supp. 553a
Insurance — Settlement agreement — Enforcement — Motion to enforce settlement agreement is granted, notwithstanding plaintiff’s attempt to call off settlement after defendant tendered payments in the agreed amounts and provided general release for plaintiff’s execution — Correspondence from plaintiff’s prior attorney consummated the settlement agreement previously reached, regardless of whether a release was to be executed, and lawsuit was to be dismissed with prejudice upon payment of the agreed amounts
JOHN GALLAGHER, Plaintiff, vs. STATE FARM FLORIDA INSURANCE COMPANY, a domestic corporation, Defendant. Circuit Court, 10th Judicial Circuit in and for Polk County. Case No. 53-2005CA-000498-0000-00. March 16, 2007. Dennis P. Maloney, Judge. Counsel: Matthew R. Danahy, Danahy & Murray, P.A., Tampa, for Plaintiff. Lynn S. Alfano-Vinton, Kingsford & Rock, P.A., Maitland, for Defendant.
ORDER ON DEFENDANT’S MOTION TO ENFORCE SETTLEMENT
THIS CAUSE, having come before the Honorable Dennis P. Maloney on February 12, 2007, upon Defendant’s Motion to Enforce Settlement, and the Court having considered the record, heard argument of counsel, and being otherwise duly advised on the premises, the Court makes the following factual findings:
1. As a result of settlement negotiations, the Defendant agreed to issue payment of $6,000.00 as settlement of Plaintiff’s claim in exchange for a dismissal with prejudice once attorney’s fees and costs were paid. This agreement was memorialized in an August 15, 2006 correspondence prepared by Plaintiff’s counsel, Ron Haynes.
2. Subsequently, the Defendant tendered payment to the Plaintiff in the form of two drafts; one for $6,000.00 for the underlying claim, and the other for $4,823.44 for attorney’s fees and costs. These payments were provided to Plaintiff along with a General Release and Settlement Agreement and a Joint Stipulation for Dismissal with Prejudice for Attorney Haynes’ execution.
3. Subsequently, Attorney Haynes’ contacted defense counsel and announced that the settlement was “off”, although he could not explain why because the reason was protected by the attorney-client privilege.
4. Thereafter, Plaintiff retained new counsel; Attorney Matthew Danahy, who advised defense counsel that adding a condition of a General Release and Settlement Agreement with the settlement drafts constituted to the previous settlement memorialized in Attorney Haynes August 15th, 2006.
Upon these facts, it is ORDERED AND ADJUDGED as follows:
5. The August 15, 2006 correspondence from Plaintiff’s counsel, Ron Haynes, consummated the settlement agreement previously reached, regardless of whether a Release was to be executed. The lawsuit was to be dismissed with prejudice upon the payment of the agreed amounts and those amounts were paid. Defendant’s Motion to Enforce Settlement is hereby granted. Estate of Tobias v. Velma Barnaby, 804 So. 2d 553 (Fla. 3d DCA 2002).
6. As a result of the above ruling, Plaintiff’s following motions are rendered moot:
a. Plaintiff’s Motion to Confirm Appraisal;
b. Plaintiff’s Motion to Set Case for Trial; and
c. Plaintiff’s Motion to Amend Complaint.
