Legal Opinion
Wallen v. Tyson
District Court of Appeal of Florida
Decided September 4, 2015No. 5D14-1564PublishedCited by 3 opinions
1Opinion of the CourtWallis, J.
Janice E. Wallen, as personal representative of the estate of decedent John Lundgren, appeals the trial court’s order striking her proposal for settlement (“Proposal”) as overly broad, vague, and ambiguous. Wallen asserts that the contested clause — that Wallen was “willing to consider any suggested changes to the release” of liability — did not render the Proposal unenforceable. We agree, vacate the order striking the Proposal, and remand for further proceedings.
The instant case arose from a September 20, 2010 automobile accident involving Cedric Tyson and Lundgren. Tyson filed a personal…
2Cases cited12 opinions
- Willis Shaw Express, Inc. v. Hilyer Sod, Inc.Supreme Court of Florida · 2003
- Nichols v. State Farm Mut.District Court of Appeal of Florida · 2003
- Alamo Financing, L.P. v. MazoffDistrict Court of Appeal of Florida · 2013
- Erhardt v. DuffDistrict Court of Appeal of Florida · 1999
- In Re AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURESupreme Court of Florida · 2014
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3Cited by3 opinions
- Christakis v. Tivoli Terrace, LLCDistrict Court of Appeal of Florida · 2017
- FEDERAL EXPRESS CORPORATION v. GADITH SABBAH, etc.District Court of Appeal of Florida · 2023
- VITAL PHARMACEUTICALS, INC., etc. v. MARC J. KESTENDistrict Court of Appeal of Florida · 2022