Were you on the brink of settling a West Palm Beach probate lawsuit but settlements stalled? You may be able to enforce and compel a settlement but the burden of proof is going to fall on you. Can you prove there was an oral settlement on the essential terms? Check out this recent case out of the Fourth District Court of Appeal on settling a probate lawsuit.
Settlement Agreements
- It may surprise you that over 90% of lawsuits do not make it to trial in West Palm Beach.
- Where do they all go?
- Most probate lawsuits actually settle outside of Court.
- When a probate lawsuit is settled the two lawyers get together and draw up a settlement agreement that outlines how the lawsuit will end.
- Sometimes these negotiations are on the eve of trial (lawyers tend to procrastinate).
- For that reason, often times parties will notify the court that trial is cancelled due to settlement but then sometimes these negotiations stall at the last minute.
- At this point surely one side is going to want to force settlement.
- That is where a motion to compel settlement occurs.
- Although you can enforce an oral settlement it is difficult because of higher evidentiary burdens.
- The burdens are completely on the party seeking to prove a settlement.
- Want to learn more?
- Check out this case out of the Fourth District Court of Appeal.
Qualcom v. Global Commerce Center
- This was a case where it seemed settlement was clear, the parties had even cancelled trial.
- Unfortunately at the last moment efforts to settle failed.
- Of course the one side wanted to compel settlement so they had an evidentiary hearing on the matter.
- The trial court found that the parties agreed on all the essential elements but the side that lost appealed.
- The appeals court noted a few things like the fact that all terms of a settlement are material.
- This resulted in the decision being reversed.
- Do you plan on compelling settlement?
- Remember that you have an uphill battle, that does not mean it is impossible.
Want to see how you can compel settlement in West Palm Beach?
Read this interesting appeal to learn more, just click here.
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