Legal Opinion · Dissent

United Airlines v. NEMOTO

District Court of Appeal of Florida

Decided April 15, 2011No. 1D10-2767Published

1DissentWolf, J.

The decision and factual determinations of the JCC should be affirmed. The E/C, in its trial memorandum, argued the parties had negotiated a washout settlement, confirmed by letter dated September 25, 2008, and sought enforcement of the agreement. The letter from Claimant’s attorney to the E/C’s attorney states, in its entirety:

This is to confirm today’s settlement discussions which resulted in the following agreement: $130,000 to settle with Mr. Nemoto and my firm, not to include any past due fees to Mr. Fisher. Mr. Nemoto will retire for medical reasons and will not seek re-employment with…

2Cases cited2 opinions

  1. McLean v. McLane Grocery Dist.District Court of Appeal of Florida · 2010
  2. State ex rel. Gardner v. Allstar Bail BondsDistrict Court of Appeal of Florida · 2008

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