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Motion to Enforce Settlement Granted in Light of Rule Change

Sharon C. Degnan | May 22, 2020

Sharon Degnan, of our Orlando office, won a motion to enforce settlement in a very bad car accident case that left three people killed, one severely injured, and our client in jail for DUI. The cases have been consolidated for discovery and likely for trial. One Plaintiff filed a proposal for settlement on behalf of the estate, which the carrier accepted.  Once accepted and payment was made, he took the position it was filed only for the personal representative individually and not for the other survivor or the estate. We moved to enforce the settlement, but the original judge denied it. Sharon appealed the ruling, but was unsuccessful. In the interim, another judge was assigned to the case and there was a rule change, so Sharon filed another motion to enforce settlement.  The new judge granted the motion to enforce settlement and followed Sharon’s arguments point by point refuting Plaintiff’s assertions.

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