Rojas et al v. Balboa Isurance Company

Filing 21

ORDER: An Evidentiary Hearing on Defendant's Motion to Enforce Settlement 16 will be held on WEDNESDAY, APRIL 8, 2015, AT 1:30 P.M. Time reserved: Up to two (2) hours. Signed by Judge James S. Moody, Jr on 3/16/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

EZEQUIEL ROJAS and DEYSI ROJAS,
Plaintiffs,
v.

Case No: 8:14-cv-1694-T-30AEP

BALBOA ISURANCE COMPANY,
Defendant.

ORDER
THIS CAUSE comes before the Court upon Defendant’s Motion to Enforce
Settlement (Dkt. #16) and Plaintiffs’ Response (Dkt. #20).

Upon review and

consideration, the Court determines it is necessary to hold an evidentiary hearing regarding
this matter. Specifically, under Florida law, the burden is on Defendant to establish that
Plaintiffs’ attorney had the clear and unequivocal authority to settle on their behalf. See
Cross-Aero Corp. v. Cross-Aero Serv. Corp., 326 So. 2d 249, 250 (Fla. 3d DCA 1976); see
also Weitzman v. Bergman, 555 So. 2d 448, 449-50 (Fla. 4th DCA 1990) (noting that “it is
the burden of the party seeking to compel the settlement ... to show that the attorney had
authority to settle the case”); Jorgensen v. Grand Union Co., 490 So. 2d 214, 215 (Fla. 4th
DCA 1986) (“[t]he law is clear that a client’s express authority given to his attorney to
settle his cause of action must be clear and unequivocal”). Notably, employment of an
attorney to represent a client does not confer on the attorney implied or apparent authority

to compromise or settle the client’s claims. E.g., Cross-Aero Corp., 326 So. 2d at 250.
Accordingly, it is
ORDERED AND ADJUDGED that:
1.

An Evidentiary Hearing on Defendant’s Motion to Enforce Settlement (Dkt.

#16) will be held on WEDNESDAY, APRIL 8, 2015, AT 1:30 P.M. at the Sam Gibbons
U. S. Courthouse, 801 North Florida Avenue, Courtroom #17, Tampa, Florida 33602.
Time reserved: Up to two (2) hours.
DONE and ORDERED in Tampa, Florida, this 16th day of March, 2015.

Copies furnished to:
Counsel/Parties of Record
S:\Even\2014\14-cv-1694 evid hearing.docx

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