JONES III v. WALGREEN CO

Filing 144

ORDER re 138 MOTION to Set Aside filed by SAMUEL JONES III: Plaintiff shall file (1) a notice of appearance by his new lawyer, or (2) a request for more time to find a new lawyer along with a explanation of why additional time is needed, or (3) a written notice stating that he will proceed pro se. (Miscellaneous Deadline - by 2/29/2012.). Signed by SENIOR JUDGE STEPHAN P MICKLE on 2/8/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
SAMUEL JONES III,
Plaintiff,
v.

CASE NO.: 1:08cv185-SPM/GRJ

WALGREEN CO.
d/b/a WALGREENS,
Defendant.
_______________________/

ORDER SETTING DEADLINE FOR
PLAINTIFF TO OBTAIN NEW COUNSEL
This cause comes before the Court on the pro se motion by Plaintiff
Samuel Jones III to reopen and set aside the settlement of his case. Doc. 138.
Both Defendant and attorney Archibald J. Thomas, III, have filed responses to
the motion as directed by the Court. See docs. 139, 140, 142.
The determination of whether a binding settlement agreement was
reached by the parties is governed by principles of Florida contract law.
Murchison v. Grand Cypress Hotel, Corp., 13 F.3d 1483, 1485-86 (11th Cir.
1994). Under Florida contract law, an attorney may settle a client’s case if the
client has given him clear and unequivocal permission to do so. Bursten v.

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Green, 172 So.2d 472 474 (Fla. 2d Dist. Ct. App. 1965). The client will then be
bound by the settlement. Id. If, however, the attorney did not have authority to
settle, the client will not be bound by the settlement unless the client
subsequently ratifies or accepts the benefits of the settlement. Id.; Nagymihaly v.
Zipes, 353 So2d 943, 944 (Fla. 3d Dist. Ct. App. 1978).
Because there is a disputed issue of fact concerning whether Plaintiff gave
attorney Thomas authority to settle, an evidentiary hearing will be needed to
resolve the issue. Murchison, 13 F.3d at 1486. By separate order, the Court has
allowed Attorney Thomas to withdraw as counsel for Plaintiff due to their
conflicting positions on this matter. In his motion, Plaintiff indicates that he has
not been able to retain an attorney to take over this case and requests additional
time to do so. Accordingly, it is
ORDERED AND ADJUDGED:
1.

On or before February 29, 2012, Plaintiff shall file (1) a notice of

appearance by his new lawyer, or (2) a request for more time to find a new
lawyer along with a explanation of why additional time is needed, or (3) a written
notice stating that he will proceed pro se, that is, to represent himself in this case.

2.

Failure of Plaintiff to comply with this order may result in the denial

CASE NO.: 1:08cv185-SPM/GRJ

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of Plaintiff’s motion to reopen and set aside the settlement of this case.
DONE AND ORDERED this 8th day of February, 2012.

s/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

CASE NO.: 1:08cv185-SPM/GRJ