Legal Opinion

McFadden v. Alliance Medical Practices, Inc.

District Court of Appeal of Florida

Decided June 14, 2006No. 1D05-4291Published

1Per curiam

Appellant contends that the trial court (1) erred in summarily granting ap-pellees’ motion to enforce a settlement agreement and ordering appellant to sign a general release and (2) abused its discretion in dismissing appellant’s complaint with prejudice upon finding that appellant failed to sign a general release within ten days of the order granting the motion to enforce settlement. We agree. Because there was a material dispute regarding whether appellant’s attorney had authority to enter into the settlement agreement, the trial court should have conducted an evidentiary hearing after…

2Cases cited3 opinions

  1. Thomas E. Murchison v. Grand Cypress Hotel Corporation, a Georgia CorporationCourt of Appeals for the Eleventh Circuit · 1994
  2. Kelley v. SchmidtDistrict Court of Appeal of Florida · 1993
  3. Ashley v. GerstenDistrict Court of Appeal of Florida · 1997

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