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Jag Auto Body, Inc. v. Capone

District Court of Appeal of Florida, Fifth District.
Aug 24, 2012
95 So. 3d 470 (Fla. Dist. Ct. App. 2012)

Opinion

No. 5D11–2299.

2012-08-24

JAG AUTO BODY, INC., d/b/a Wekiva Auto Body, Appellant, v. Antoni CAPONE, Appellee.

Appeal from the Circuit Court for Seminole County, Alan A. Dickey, Judge. J. Marshall Gilmore, Winter Park, for Appellant. Richard W. Smith, of Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A., Orlando, for Appellee.


Appeal from the Circuit Court for Seminole County, Alan A. Dickey, Judge.
J. Marshall Gilmore, Winter Park, for Appellant. Richard W. Smith, of Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A., Orlando, for Appellee.
PER CURIAM.

JAG Auto Body appeals the trial court's order enforcing a settlement agreement with Antoni Capone. Because Capone failed to meet his burden to show that JAG Auto Body's counsel had “the clear and unequivocal authority to settle on the client's behalf,” we are compelled to reverse. See Collado v. Pavlow, 951 So.2d 69, 71 (Fla. 5th DCA 2007); Sharick v. Se. Univ. of the Health Scis., Inc., 891 So.2d 562, 565 (Fla. 3d DCA 2004). Mere employment of an attorney does not give the attorney the implied or apparent authority to compromise the client's cause of action or settle the client's claim. Collado, 951 So.2d at 71;Sharick, 891 So.2d at 565.

We also reject any contention that the desire to settle the case prior to a scheduled pretrial conference constitutes an “emergency” justifying an unauthorized settlement. See Johnson v. Skarvan, 992 So.2d 873 (Fla. 5th DCA 2008).

REVERSED and REMANDED.

LAWSON, EVANDER and COHEN, JJ., concur.


Summaries of

Jag Auto Body, Inc. v. Capone

District Court of Appeal of Florida, Fifth District.
Aug 24, 2012
95 So. 3d 470 (Fla. Dist. Ct. App. 2012)
Case details for

Jag Auto Body, Inc. v. Capone

Case Details

Full title:JAG AUTO BODY, INC., d/b/a Wekiva Auto Body, Appellant, v. Antoni CAPONE…

Court:District Court of Appeal of Florida, Fifth District.

Date published: Aug 24, 2012

Citations

95 So. 3d 470 (Fla. Dist. Ct. App. 2012)