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Great Result Reached When Settlement Turns into Involuntary Dismissal with Prejudice

Anthony Atala, Samantha Kruss, and Erika Cordovi, of our Miami office, obtained an Involuntary Dismissal with Prejudice in a case that should have settled. Upon Plaintiff’s request, Anthony re-opened an expired proposal for settlement for $500, which Plaintiff accepted just before the hearing on Erika’s Motion for Summary Judgment for late reporting. After they accepted, Plaintiff’s counsel tried to say that the client was backing out of the agreement. Anthony filed a Motion to Enforce Settlement, and at the hearing, he argued that we had an offer and acceptance done in writing, and that Anthony would hold the consideration (i.e. check) until Plaintiff returned the release. The Court found that there was a settlement reached and gave Plaintiff ten days to brief the issue and/or return the executed release. Plaintiff did neither. Samantha drafted a well-written Motion for Involuntary Dismissal with Prejudice, which the Court granted voiding the settlement without the need for a hearing.

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