West Palm Beach Settlement Agreements and Privileged Communications
What is a settlement agreement? When do settlement agreements come into play during a probate battle? Whens should you sign a settlement agreement? What should you know before signing a settlement agreement in Florida? What should your Miami trial lawyer tell you before you decide to enter into a settlement agreement? When does litigation occur to enforce a settlement agreement? What happens if you do not comply with the terms you agreed to in a settlement agreement? In Miami, how can you compel compliance with a settlement agreement?
Florida Litigators and Settlement Agreements
At Pankauski Hauser Lazarus, our attorneys handle civil litigation and appeals throughout Florida. Our trial attorneys handle probate, guardianship, and business disputes. The cities we practice in, to name a few, include Miami, Orlando, West Palm Beach, Delray Beach, and Fort Lauderdale.
Although business litigators frequent the courtroom, they must also handle other aspects of litigation. For example, outside of the courtroom, experienced trial lawyers prepare for depositions, negotiate settlement agreements, prepare petitions, etc.
Another part of a business lawyer’s job is to provide client’s with legal options. Some clients choose to be more aggressive than others. For example, some clients want to have their day in court at a trial, while others prefer to end their inheritance dispute as quickly as possible.
Some probate and business lawsuits are resolved with a settlement agreement. An experienced Florida lawyer can help you to negotiate settlement terms, explain to you what the terms in the agreement actually mean (prior to you signing), and ensure that the settlement agreement is executed properly.
Enforcing a Miami Settlement Agreement
Did you sign a settlement agreement to end a recent Florida trust and estate dispute? Has the other side complied with the settlement agreement terms?
When people enter into a settlement agreement in Miami, they may fail to consider the possibility of the other side not complying with the agreed upon terms. For example, in a settlement agreement, the other side may agree to give you $500,000 in exchange for you ending your lawsuit against them. What can you do if you dismiss your lawsuit but the other side never gives you the $500,000?
Oftentimes, Miami probate lawyers will seek approval of a settlement agreement from the Florida court handling the lawsuit. That way, if a party does not comply with the settlement agreement, that party is in contempt of the court and the court typically reserves jurisdiction to enforce the agreement. This means that a motion to compel compliance with a settlement agreement can be filed against them in the Florida court.
If you are involved in litigation to enforce a settlement agreement, you may was to read DR Lakes INC. v. Brandmart U.S.A of West Palm Beach.
DR Lakes INC. v. Brandmart U.S.A of West Palm Beach
DR Lakes INC. v. Brandmart U.S.A of West Palm Beach is a June 26,2020 Fourth DCA opinion regarding a dispute over a settlement agreement. Here, during court ordered mediation, one party moved to enforce settlement agreement .
At the evidentiary hearing on the motion to enforce settlement, one of the parties objected to any testimony as to what occurred at the mediation basis based on section 44 102(3) Florida Statutes (2001). The trial court agreed with party that the statute precluded any evidence as to what occurred during mediation. What did the appellate court decide? To read this Florida opinion in its entirety, click here.