HomeMy WebLinkAbout0597 SU'7451
IN THE CIRCUIT COURT OF THE 19TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR SAINT LUCIE COUNTY, FLORIDA
CASE NO. 78-63 CA
MARY TATE, )
Plaintiff, )
vs . )
AETNA INSURANCE COMPANY, )
)
Defendant. )
O R D E R
Hearing was held on November 10, 1980 on the various
~ Motions filed by the attorneys for the parties herein through
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agreement of the counsel the first Motion to be considered is
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the Defendant, AETNA INSURANCE COMPANY'S, Motion to Compel
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~ Settlement. The Court heard the argument of counsel and it
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does appear that after the dismissal of the Plaintiff's Fifth
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j ; Amended Complaint at a hearing on August 29, 1980, that the
Defendant and Plaintiff reached a settlement for $3,250.00.
W Thereafter the attorney for the Defendant reduced the settlement
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to writing and the attorney for the Plaintiff filed a Motion
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for Extension of Time based upon the settlement which was
certified on or about September 10, 1980. In addition to this
filing in writing by the attorney for the Plaintiff, it is the
specific recollection of this Court that Plaintiff`s attorney
represented to this Court, in person, thereafter that this
~ matter was settled and concluded. Thereafter a Motion to ~
Withdraw the Motion for Extension of Time was filed on or about ~ ~
October 2, 1980 and the Defendant forwarded correspondence to
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the Plaintiff once again with the closing papers. At the hearing
no contention was made by the Plaintiff that the. attorney did S
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not have authority from his client to settle the case on
August 29, 1980. The attorney for the Plaintiff claimed that
the case had not been settled. It was also clear that the
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