McFadden v. Alliance Medical Practices, Inc.

District Court of Appeal of Florida

McFadden v. Alliance Medical Practices, Inc.

931 So. 2d 225, 2006 Fla. App. LEXIS 9694, 2006 WL 1627846

CourtDistrict Court of Appeal of Florida

DecidedJune 14, 2006

DocketNo. 1D05-4291

StatusPublished

This text of 931 So. 2d 225 (McFadden v. Alliance Medical Practices, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McFadden v. Alliance Medical Practices, Inc., 931 So. 2d 225, 2006 Fla. App. LEXIS 9694, 2006 WL 1627846 (Fla. Ct. App. 2006).

Pincite

Opinion

PER CURIAM.

Appellant contends that the trial court (1) erred in summarily granting ap-pellees’ motion to enforce a settlement agreement and ordering appellant to sign a general release and (2) abused its discretion in dismissing appellant’s complaint with prejudice upon finding that appellant failed to sign a general release within ten days of the order granting the motion to enforce settlement. We agree. Because there was a material dispute regarding whether appellant’s attorney had authority to enter into the settlement agreement, the trial court should have conducted an evidentiary hearing after affording appellant the opportunity to seek conflict-free counsel to represent him. See Murchison v. Grand Cypress Hotel Corp., 13 F.3d 1483, 1486 (11th Cir.1994). Accord Healey v. Healey, 658 So.2d 1096, 1098 (Fla. 1st DCA 1995). Furthermore, the trial court abused its discretion in dismissing appellant’s complaint with prejudice based on appellant’s failure to execute settlement documents without expressly finding that appellant’s non-compliance was willful or that less drastic remedies were not available as a means of enforcing the settlement agreement. See Ashley v. Gersten, 700 So.2d 462, 463 (Fla. 4th DCA 1997); Kelley v. Schmidt, 613 So.2d 918, 919-20 (Fla. 5th DCA 1993). Accordingly, we reverse the trial court’s rulings and remand for further proceedings consistent with this opinion.

REVERSED and REMANDED, with directions.

WOLF, WEBSTER, and BROWNING, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant contends that the trial court (1) erred in summarily granting ap-pellees’ motion to enforce a settlement agreement and ordering appellant to sign a general release and (2) abused its discretion in dismissing appellant’s complaint with prejudice upon finding that appellant failed to sign a general release within ten days of the order granting the motion to enforce settlement. We agree. Because there was a material dispute regarding whether appellant’s attorney had authority to enter into the settlement agreement, the trial court should have conducted an evidentiary hearing after affording appellant the opportunity to seek conflict-free counsel to represent him. See Murchison v. Grand Cypress Hotel Corp., 13 F.3d 1483, 1486 (11th Cir.1994). Accord Healey v. Healey, 658 So.2d 1096, 1098 (Fla. 1st DCA 1995). Furthermore, the trial court abused its discretion in dismissing appellant’s complaint with prejudice based on appellant’s failure to execute settlement documents without expressly finding that appellant’s non-compliance was willful or that less drastic remedies were not available as a means of enforcing the settlement agreement. See Ashley v. Gersten, 700 So.2d 462, 463 (Fla. 4th DCA 1997); Kelley v. Schmidt, 613 So.2d 918, 919-20 (Fla. 5th DCA 1993). Accordingly, we reverse the trial court’s rulings and remand for further proceedings consistent with this opinion.

REVERSED and REMANDED, with directions.

WOLF, WEBSTER, and BROWNING, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

931 So. 2d 225, 2006 Fla. App. LEXIS 9694, 2006 WL 1627846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfadden-v-alliance-medical-practices-inc-fladistctapp-2006.

Opinion

Related

Cite This Page — Counsel Stack