terry's takes
Filtered by category: settlementMarch 16, 2024
georgia court of appeals, appealable order, settlementButler v. Heartland Manufacturing, Inc.
A recent ruling confirms that nonresident corporate officers can be subject to personal jurisdiction in Florida if they direct fraud or intentional misconduct toward parties within the state. Florida courts focus solely on whether the alleged tortious act occurred in the state, meeting requirements for long-arm jurisdiction and due process under minimum contacts. When a conspiracy to commit tortious acts in Florida is sufficiently alleged, all conspirators involved become subject to Florida’s jurisdiction through its long-arm statute.
read moreMarch 15, 2024
6th dca, settlementMorris v. Boyer
Where husband-defendant settled his portion of a car accident case for $50,000 and then wife-defendant, the spouse of the first defendant, agreed to settle her part of the case for $49,500, she was not entitled to—and the court could not enter a judgment—a setoff from her husband’s $50,000. Where parties settle, there is no judgment, and setoffs do not apply to settlements unless those terms are included in the settlement agreement.
read moreMarch 13, 2024
3rd dca, attorneys fees, settlementOrtega v. All Dade Fences Inc.
A driver who rear-ends another driver is presumed negligent and can only rebut the presumption by showing that the front driver made a sudden and unexpected stop. Absent such evidence, summary judgment was appropriate. Attorney fees were improperly denied because a proposal for settlement is not ambiguous or invalid for failing to state that a judgment would be entered in the amounts offered and/or provide a timeframe for payment.
read moreMarch 1, 2024
no court, settlementPatrick v. Kingston
patrick v. kingston. our legal team at fischer redavid pllc has the legal experience to help you. call us about your case today!
read moreJune 9, 2023
6th dca, settlement, subject matter jurisdictionClarke v. Global Guaranteed Goods and Services, Inc.
The Sixth DCA held that a trial court could not modify a settlement agreement’s terms after a payment default. Global Guaranteed Goods and Services missed part of its agreed $60,000 payment to Clarke, triggering a $40,000 default penalty. Although Global argued the court lacked jurisdiction due to a prior dismissal, the DCA found this issue waived. The court reversed the trial decision, instructing enforcement of the original settlement terms and allowing Clarke to pursue additional proceedings to secure his lien rights.
read moreContact Us
Our Promise
Aggressive Litigation. Honest Representation. Dedicated Communication. Respect and Compassion.
