Spiegel v. H. Allen Holmes, Inc.

• Citation: 834 So.2d 295
• Decision Date: 26 December 2002
• Docket Number: No. 4D02-152, No. 4D02-467.
• Parties: Robert SPIEGEL, Appellant, v. H. ALLEN HOLMES, INC., a Florida Corporation and H. Allen Holmes, individually, Appellee.
• Court: Court of Appeal of Florida (US)

834 So.2d 295

Robert SPIEGEL, Appellant, v. H. ALLEN HOLMES, INC., a Florida Corporation and H. Allen Holmes, individually, Appellee.

Nos. 4D02-152, 4D02-467.

District Court of Appeal of Florida, Fourth District.

December 26, 2002.

Rehearing Denied January 31, 2003.

Steven M. Selz of Law Offices of Selz & Muvdi Selz, P.A., Palm Beach, for appellant.

John L. Avery, Jr. of Law Offices of John L. Avery, Jr., Jupiter, for appellee.

MAY, J.

A trial court's ability to enforce a settlement is questioned as the plaintiff appeals an order that enforced a settlement agreement against him. The plaintiff has raised four issues and the defendant/counter-claimant has cross-appealed. We affirm on all issues but one in the direct appeal, and reverse on the attorney's fees issue raised in the cross-appeal.

The plaintiff, a homeowner, filed suit against the defendant, alleging claims for breach of contract, breach of warranty, and fraud in the inducement concerning an agreement for the provision of decorating services. The defendant counter-claimed for breach of contract, account stated, and foreclosure of a mechanic's lien.

The case proceeded to a non-jury trial. At the close of the first day of testimony, the parties met in an attempt to resolve their dispute. After negotiating a deal, the parties' attorneys left to prepare the written settlement agreement.

The next day, both lawyers advised the court's judicial assistant that a settlement had been reached and that a written settlement agreement was being prepared and would be filed. On the same day, the plaintiff's lawyer drafted two documents, a stipulation for settlement and a confidential settlement agreement. He forwarded them to the defendant's attorney.

Both attorneys signed the stipulation for settlement. The stipulation provided that upon complete performance of the agreement's terms, each party would file "a dismissal with prejudice of all claims and counterclaims, pled or which may have been pled in the action and shall further exchange general releases." Paragraph 3 provided for attorneys fees and court costs incurred in the enforcement of the settlement agreement. And, paragraph 5 provided for the trial court to

retain jurisdiction for purposes of enforcing the terms and conditions of this Stipulation and of the Agreement and for that purpose further agree that the terms of this Stipulation shall be deemed an Order of this Court. To effectuate same, the parties shall submit an agreed order providing that this Court shall retain jurisdiction in this matter for purposes of enforcement.

The confidential settlement agreement was signed by the plaintiff's counsel, the defendant, and his attorney. Although the plaintiff did not sign the confidential settlement agreement, on the same date he prepared and signed a check made payable to the trust account of John L. Avery, Jr. P.A. (defendant's counsel) in the amount of $13,250.00, the amount agreed to in settlement of the dispute. Plaintiff's counsel retained the original check, but delivered a copy to the defendant's counsel. When the defendant's counsel called about the original check, plaintiff's counsel advised him that the plaintiff wanted certain window screens, which he was paying for in the settlement, but had not received.

When the check did not arrive, the defendant moved to compel enforcement of the settlement agreement. As no written settlement agreement had been filed with the court, the trial judge sent the parties to mediation. It was unsuccessful. The trial court then held a hearing on the defendant's motion to compel settlement, at which only the attorneys testified.

The court granted the defendant's motion, and ordered the plaintiff to pay the defendant $13,250.00 within five (5) days. It further directed the parties to file dismissals of their respective claims with prejudice. The order did not retain jurisdiction for enforcement of the terms of the confidential settlement agreement and did not include all of its terms. The court denied the defendant's request for attorney's fees.

Settlement agreements are favored as a means to conserve judicial resources. Courts will enforce them when it is possible to do so. See Long Term Mgmt., Inc. v. Univ. Nursing Ctr., Inc., 704 So.2d 669, 673 (Fla. 1st DCA 1997)

. They are interpreted and governed by the law of contracts. Williams v. Ingram, 605 So.2d 890 (Fla. 1st DCA 1992). The party seeking to enforce a settlement agreement bears the burden of showing the opposing party assented to the terms of the agreement. Carroll v. Carroll, 532 So.2d 1109 (Fla. 4th DCA 1988),

rev. denied, 542 So.2d 1332 (Fla.1989).

To compel enforcement of a settlement agreement, its terms must be sufficiently specific and mutually agreed upon as to every essential element....