Ayala Law Successfully Opposes Motion to Enforce Settlement in Business Dispute

At Ayala Law, we believe one of the most important rights a client has is the right to decide whether to settle a lawsuit. That principle was recently reinforced when attorney Julia Solivan successfully opposed a Motion to Enforce Settlement in a commercial litigation matter.

The dispute arose just two days before trial, when settlement negotiations intensified between counsel. The opposing party argued that a binding settlement had been reached because our client’s former attorney accepted a settlement proposal. Our client, however, maintained that he never gave his attorney absolute and unequivocal authority to accept those terms.

Florida law is clear on this issue. An attorney’s representation of a client does not, by itself, create implied or apparent authority to settle a case. The party seeking to enforce a settlement must prove that the attorney had the client’s clear, absolute, and unequivocal authorization to do so.

On behalf of our client, Julia Solivan argued that the alleged settlement could not be enforced without first resolving the factual dispute over whether that authority actually existed. The court agreed that the issue could not be decided solely from the written filings and set the matter for an evidentiary hearing, where testimony and evidence will determine whether the client authorized the settlement.

While the ultimate question of settlement authority will be decided at the evidentiary hearing, this ruling is an important procedural victory because it ensures our client has the opportunity to present evidence before being bound by an agreement he contends he never approved.

Attorney Julia had this to say, “This ruling is a crucial step because it ensures our client has the opportunity to be heard before being bound by a settlement he maintains he never approved. That’s exactly what due process is intended to protect.” 

This case also serves as an important reminder for anyone involved in litigation. Although attorneys negotiate on behalf of their clients every day, the decision to settle always belongs to the client. If there is a genuine dispute over whether a client authorized a settlement, Florida courts require that issue to be resolved before enforcing the agreement.

At Ayala Law, we are committed to protecting our clients’ rights at every stage of litigation. Whether we are trying a case before a jury or challenging the enforceability of a settlement agreement, our focus remains the same: ensuring our clients’ interests, and their voices, are fully protected.

If you need legal help, please don’t hesitate to contact one of our experienced attorneys at 305-570-2208. 

You can also contact our team directly at: arianna@ayalalawpa.com       

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[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].