ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Disability Law Blogs -> Florida Workers’ Compensation Law Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Disability Law

: Florida Workers’ Compensation Law Blog

No Enforceable Settlement Where Attorney Had No Authority to Settle

By David A. McCranie, Esq.

ADVERTISEMENTS

Munroe v. U.S. Food Service, decided on 6/27/2008, illustrates the risks inherent in "settling" a case at mediation when one party's attorney doesn't have authority to do so.  The parties in Munroe went to a mediation conference where they conditionally agreed to settle for $30,000.00.  The problem was that the E/C’s attorney didn't actually have $30,000.00 in authority at the time.  Nevertheless, he promised to obtain the necessary authority within 20 days which, in fact, he did.  But by that time the claimant had changed his mind and decided not to settle for the agreed upon amount.  The E/C then filed a motion to enforce the agreement because their attorney had timely obtained the authority within the allotted time, and the JCC granted the motion.

 

But on appeal the First District Court of Appeal reversed, holding that because the agreement was contingent upon the happening of some future event, no contract had been formed before the claimant elected to back out.  The court also pointed out the rule which says that “failure. . .to appear at the mediation conference with full authority to resolve the issues may subject the party or attorney to sanctions.”

 

Note also that the First DCA doesn't defer to the ruling of the JCC in these types of cases.  Whether there is an enforceable settlement agreement is a question that is reviewed de novo.

Full post as published by Florida Workers’ Compensation Law Blog on June 30, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.002 secs (from cache 10/31/26 21:40:13)