Ashley v. Gersten

PARIENTE, Judge.

Appellant, Sylvia Ashley (plaintiff), appeals an order dismissing her lawsuit against appellee, Marnie Gersten (defen*463dant). We reverse because the trial court improperly dismissed the lawsuit with prejudice as a method of enforcing a settlement after plaintiff failed to execute settlement documents.

By letter, plaintiff offered to settle her claims against defendant for defendant’s insurance policy limits. Defendant’s insurance company, through its attorney, accepted the offer and agreed to tender the $10,000 policy limits. In addition to the tender of the policy limits, the…