Erhardt v. Duff, 98-2074.
| Decision Date | 14 April 1999 |
| Docket Number | No. 98-2074.,98-2074. |
| Citation | 729 So.2d 529 |
| Parties | John ERHARDT, Appellant, v. Gary Richard DUFF, Marilyn Provost, Adrienne Provost, and Security National Insurance Company, Appellees. |
| Court | Florida District Court of Appeals |
Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller, Cohen & McIntyre, P.A., and Peter E. Itzler of Law Offices of Peter E. Itzler, Fort Lauderdale, for appellant.
Richard A. Sherman, Rosemary B. Wilder of Law Offices of Richard A. Sherman, P.A., Mary Anne Philips of Mary Anne Philips, P.A., Fort Lauderdale, and Frank J. Allocca of Allocca & Felder, Miami, for appellees Marilyn Provost, Adrienne Provost, and Security National Insurance Company.
John Erhardt timely appeals from an order granting a motion to enforce settlement/motion for summary judgment filed by appellees, Marilyn and Adrienne Provost (Provost) and Security National Insurance Company (Security National), in Erhardt's personal injury action against Provost, Security National, and Gary Richard Duff. He argues that because appellees conditioned their acceptance of his offer to settle on his execution of a release, no valid settlement agreement was reached between the parties. We disagree and affirm.
On July 28, 1994, Security National responded with the following written letter, presented in pertinent part:
Security National Insurance Company will tender their Bodily Injury Liability policy limits of $10,000 and their Underinsured Motorist policy limits of $10,000. Upon receipt of your acceptance, we are prepared to forward our settlement drafts and Releases.
Erhardt did not respond to the letter and, instead, filed suit against Duff, Provost, and Security National. In their respective answers, Provost and Security raised the affirmative defense of settlement.
In February, 1998, Provost and Security filed a motion to enforce settlement and/or motion for summary judgment. The motion alleged that Erhardt's July 6, 1994 letter and Security National's July 28, 1994 letter formed an agreement to settle Erhardt's claim against Provost and Security National. At the subsequent hearing on the motion, Erhardt argued that the July 28, 1994 letter was a counteroffer, not an acceptance, because it conditioned acceptance on Erhardt's execution of a release.
The court rejected Erhardt's...
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