News & Events

Partner S. Tylar Heintz and Associate Simp McCorvey IV, of the firm’s Orlando Office, recently prevailed on a motion for reconsideration of their motion to enforce settlement in an auto case against a prominent plaintiff’s firm. During mediation the parties reached a settlement. The mediator circulated a mediation agreement, which was immediately signed by the defense. The following day Plaintiff recanted, refusing to sign the settlement agreement.

Overcoming mediation confidentiality and less than favorable case law, they convinced the court plaintiff’s initial verbal assent to the agreement trumped her later decision to not sign it.   After initially denying Defendant’s motion to enforce, the court, upon the defense’s motion for consideration, found there was an offer, acceptance, and consideration, and that the parties agreed to all essential terms. The Court noted Plaintiff never claimed her attorney exceeded her settlement authority; and that Plaintiff’s testimony of not understanding the finality of orally accepting an offer is insufficient to void the agreement.

Following mediation Plaintiff demanded significantly more, contending a verdict of over 3 million was likely.  After the court's favorable ruling, the case settled for the original, five figure mediation settlement amount.