Martin Blaya, of our Miami office, with the assistance of KD’s Appellate and Coverage Practice Group, convinced a court to enforce a settlement previously entered into by the plaintiff. The plaintiff argued that the settlement was invalid for two reasons: (1) she had not yet been named the personal representative of her father’s estate when the settlement was entered into in her name on behalf of her father’s estate; and (2) she did not authorize her prior attorney to enter into the settlement agreement and, therefore, the prior attorney had no authority to settle the claim. Importantly, regarding this second argument, the plaintiff invoked attorney-client privilege during her deposition, with the court sustaining those objections, making it impossible to discover what exactly the plaintiff may or may not have authorized her prior attorney to do with respect to settling the claim. Fortunately, the plaintiff’s prior attorney was not so tight-lipped, and he testified that he had the plaintiff’s express authority to settle the claim. At the hearing on the motion to enforce settlement, Martin argued that, under Florida law, the powers of a personal representative relate back in time to validate acts made by the person prior to being officially appointed. And sealing the fate of the plaintiff, Martin lastly argued that because the plaintiff invoked her attorney-client privilege—preventing the discovery of information that went to the heart of this dispute—the court was left to rely solely on the testimony of the plaintiff’s prior attorney, which supported the defendant’s position. The court agreed and granted the defendant’s motion to enforce settlement.
Locations
9100 South Dadeland Blvd.
Suite 1800
Miami, FL. 33156 305.374.1212
125 West Romana St.
Suite 550
Pensacola, FL 32502 850.434.0003
1705 Metropolitan Blvd.
Suite 202
Tallahassee, FL 32308 850.222.5188
201 South Orange Ave.
Suite 475
Orlando, FL 32801 407.245.3630
13350 Metro Parkway
Suite 401
Fort Myers, FL 33966 239.334.8403
402 Applerouth Lane
Suite 2C
Key West, FL 33040 305.509.7300
1 Independent Drive
Suite 1601
Jacksonville, FL 32202 904.396.0062
1396 NE 20th Ave.
Suite 500
Ocala, FL 34470 352.622.4222
400 North Ashley Drive
Suite 1200
Tampa, FL 33602 813.204.9776
110 East Broward Blvd.
Suite 1400
Fort Lauderdale, FL 33301 954.768.0011
1700 Palm Beach Lakes Blvd.
Suite 800
West Palm Beach, FL 33401 561.640.0303
11 North Water St.
Suite 10290
Mobile, AL 36602 251.308.3351