Cia Anon Venezolana de Navegacion v. Harris
Decision Date | 10 March 1967 |
Docket Number | No. 23424.,23424. |
Citation | 374 F.2d 33 |
Parties | CIA ANON VENEZOLANA DE NAVEGACION, Appellant, v. Frank L. HARRIS and Pate Stevedoring Company, Inc., Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
Alex F. Lankford, III, C. Wayne Loudermilch, Mobile, Ala., Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., of counsel, for appellant.
Ross Diamond, Jr., Marshall J. DeMouy, W. Boyd Reeves, Mobile, Ala., Diamond & Lattof, Armbrecht, Jackson & DeMouy, Mobile, Ala., of counsel, for appellees.
Before GEWIN and AINSWORTH, Circuit Judges, and HUNTER, District Judge.
The controversy concerns the enforcement of an agreement of compromise and settlement. The District Judge held that the settlement was authorized and conclusively disposed of all issues which might have been litigated in the original action. An order was entered enforcing the agreement. We find no basis for setting aside that order and affirm.
The pertinent sequence of events is:
March, 1964 Harris, a longshoreman, filed a libel against appellant, Cia Anon Venezolana De Navegacion (hereinafter referred to as Anon). The suit was for damages allegedly caused by the negligence of Anon and the unseaworthiness of its vessel Anon impleaded Pate Stevedoring Co Inc. seeking indemnity November 17, 1965 Attorneys representing Harris, Pate, and Anon entered into negotiations which culminated in an agreement to settle. This accord was reached on November 17 1965. Under the terms of the agreement Harris was to receive $16,000. Anon agreed to contribute $8,000; Pate agreed to contribute $8,000. December 2, 1965 The case was scheduled to be tried but was upset because of the settlement. December 13, 1965 Mr. Wood, Appellant's counsel, contacted Harris' attorney and advised that even though he had the express authority of his client to enter into the agreement, such authority had been withdrawn. December 15, 1965 Harris filed a motion to enforce the settlement agreement. December 23, 1965 Pate joined in the motion and Wood withdrew as counsel. December 27, 1965 Mr. Lankford entered his appearance as counsel for Appellant and moved to continue the hearing of the motion for enforcement. December 30, 1965 The Court heard evidence and received affidavits. At the conclusion of the hearing, the District Court granted the motion and entered judgment against Appellant and Pate in the amount of $8,000 each.
Appellant argues that the motion, which had been captioned as a motion for summary judgment, should not have been granted because the pleadings reveal the existence of issues of material fact as to liability and indemnity. In the alternative it is argued that at least there was a genuine issue concerning Wood's authority to settle.
The record reveals that counsel negotiated and agreed on a compromise prior to the scheduled trial date, fully cognizant of the contested factual issues raised by the pleadings. The actual merits of the case as presented by the pleadings were no longer of any consequence following the agreement. Federal courts have held under a great variety of circumstances that a settlement agreement once entered into cannot be repudiated by either party and will be summarily enforced.1 In the case of J. Kahn and Co., Inc. v. Clark (5th Cir., 1949) 178 F. 2d 111, this Court stated:
There is no question here of the fairness of the settlement. There is no question of good faith. The District Court was eminently correct in holding that the factual issues presented by the pleadings became irrelevant upon effectuation of the agreement. The issue quickly narrows to a simple inquiry: Did Wood have authority to bind his client? Appellant insists that there exists a genuine issue of fact on this issue. We do not agree. Wood entered into the agreement. He related the terms of the settlement. Counsel for Pate testified as to Wood's statements that he, Wood, had full authority to settle. He further asserted that Wood had revealed that authority to opposing counsel.2
In support of its contentions, Appellant relies upon the affidavit of Elpidio Generali, general manager for the general agents of Appellant. Generali states in his affidavit that Vincent Barron, the manager of the claims section for the company who...
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