293 So.3d 502
Fla. Dist. Ct. App.2020Background:
- DeJour sued his former employer (Coral Springs KGB, d/b/a Coral Springs Buick GMC) for breach of contract.
- Defense counsel emailed plaintiff’s counsel stating the matters were resolved for specified amounts, checks were ready, and both cases "will dismiss" with releases to be signed.
- DeJour’s attorney replied with an ambiguous message; DeJour himself never signed the settlement agreement or executed a release.
- The defendant picked up the check, forwarded a signed settlement agreement for DeJour’s signature, and later emailed that payments were made "per the agreements," but funds were not disbursed to DeJour and were not returned.
- The defendant moved to enforce the settlement; the trial court granted the motion. The Fourth District reversed, finding no competent substantial evidence of DeJour’s assent or that his attorney had clear authority to settle.
Issues:
| Issue | Plaintiff's Argument (DeJour) | Defendant's Argument (Coral Springs) | Held |
|---|---|---|---|
| Whether a settlement was enforceable absent the client’s signature or explicit assent | No binding agreement; DeJour never authorized settlement or signed release | Email confirmations and payment show assent and a binding settlement | Reversed: no meeting of the minds shown; agreement not enforceable |
| Whether plaintiff’s attorney had clear and unequivocal authority to settle | No clear/express authority; silence or lack of objection insufficient | Counsel’s communications and payment demonstrate settlement authority | Reversed: moving party failed to prove attorney had clear authority to compromise |
Key Cases Cited
- Nehleber v. Anzalone, 345 So. 2d 822 (Fla. 4th DCA 1977) (attorney must have clear/unequivocal authority to settle; unauthorized compromises can be repudiated)
- Spiegel v. H. Allen Holmes, Inc., 834 So. 2d 295 (Fla. 4th DCA 2002) (party seeking enforcement bears burden to show assent; meeting of minds requires competent substantial evidence)
- Ponce v. U-Haul Co. of Fla., 979 So. 2d 380 (Fla. 4th DCA 2008) (moving party must prove attorney had clear authority to settle)
- Vision Palm Springs, LLLP v. Michael Anthony Co., 272 So. 3d 441 (Fla. 3d DCA 2019) (settlements favored but require mutual assent as to essential terms)
- E Qualcom, Corp. v. Glob. Commerce Ctr. Ass’n, Inc., 189 So. 3d 850 (Fla. 4th DCA 2015) (insufficient record to conclusively demonstrate attorney’s settlement authority)