Legal Opinion

The Florida Philharmonic Orchestra, Inc. v. Phillip Bradford Robert Williams Moving & Storage, Inc., and Fisher Aucton Co., Inc.

District Court of Appeal of Florida

Decided July 23, 2014No. 4D13-376PublishedCited by 2 opinions

1Opinion of the CourtDamoorgian, C.J.

The Florida Philharmonic Orchestra, Inc. (“Florida Philharmonic”) appeals the trial court’s non-final order granting Phillip Bradford’s motion to set aside settlement agreement and striking the final order of dismissal. We reverse and remand for the trial court to make specific findings as to which party bears the burden of the fraud committed by Bradford’s attorney in procuring the settlement agreement.

This case stems from a negligence action that Bradford filed against Florida Philharmonic in August 2007. Bradford’s counsel, Scott Rovenger, negotiated a $280,000 settlement with Florida…

2Cases cited4 opinions

  1. NC-DSH, INC. v. GarnerNevada Supreme Court · 2009
  2. Fair v. Tampa Electric CompanySupreme Court of Florida · 1946
  3. Blanton v. BALTUSKOUISDistrict Court of Appeal of Florida · 2009
  4. Huffman v. DelacruzDistrict Court of Appeal of Florida · 1998

3Cited by2 opinions

  1. Pearl Voce and Allan Voce v. Wachovia Mortgage, FSBDistrict Court of Appeal of Florida · 2015
  2. JONATHAN STIRBERG and JESSICA STIRBERG v. HENRY H. FEIN, in his capacity of Successor Co-Trustee of the NAT STIRBERG REVOCABLE RESIDENCE TRUSTDistrict Court of Appeal of Florida · 2023

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