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Attorney-negotiated settlement -- To prove mutual assent to attorney-negotiated settlement, party seeking to enforce the settlement must prove that the opposing party's attorney had his or her client's “clear and unequivocal grant of authority” to negotiate on the client's behalf or that the client subsequently ratified the unauthorized offer -- Mere employment of attorney does not in and of itself give attorney implied or apparent authority to compromise his client's cause of action -- Trial court erred in approving settlement agreement in absence of evidence that party had authorized or ratified the settlement

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT PICTURE IT SOLD PHOTOGRAPHY, LLC., a Florida limited liability company, Appellant, v. SCOTT BUNKELMAN, Appellee. No. 4D19-1427 [January 8, 2020] Appeal of a nonfinal order from the Circuit Court for the Fifteenth Judicial Ci...

If you are eligible to receive Medicaid, not only does the government pay for your costs of the nursing home facility, but the government pays for practically all of your medical bills, including impatient hospital services, outpatient hospital services, laboratory and X-ray services, physician s...

Probate is a judicial procedure involving the gathering up of a deceased person's (“decedent”) probatable assets, paying off the decedent's financial obligations and debts, and then distributing the remaining assets to the decedent's beneficiaries. If the decedent dies with a will, the personal r...

In order to be eligible for Medicaid, a single person can only have $2,000.00 in cash or countable assets, and a married couple can only have a combined $3,000. Countable assets include such items as bank accounts, joint bank accounts, stocks, bonds, mutual funds, life insurance cash values, and ...

In any action where a party recovers a sum of money in a lawsuit, the amount to which that party is entitled may be awarded and reduced to a judgment. That judgment allows the judgment holder the right to attempt to satisfy the judgment amount with the judgment debtor's non-exempt assets. There a...

In Florida, the simple creation of a valid employment contract of a definite duration gives employees rights associated with the common law doctrine of wrongful discharge. In the absence of a contract, however, an employee is subject to the common law doctrine of at-will employment. At-will emplo...

There are two government programs under Medicaid that provide assistance to persons over the age of 65, who are Florida residents and meet the financial qualifications. The programs are the Managed Care Diversion Program and the Institutional Care Program. Diversion Medicaid Diversion Medicaid ...

Companies or corporations are recognized legal fictions which allow persons to carry out business endeavors without the risk (or to limit the risk) of personal liability. There are many ways to structure a business. The two most popular business entities i Florida are the limited liability compan...

Mechanic's Liens Florida statutes provide that the following persons are entitled to have liens on real property: a contractor; a subcontractor; a sub-subcontractor; a laborer; a materialman who contracts with the owner; and a professional lienor such as an architect, interior designer, engineer...

Purchase and Sales Agreements Enforcement of Real Estate Contracts In order for a real estate contract to be enforceable, Florida law requires that the contract be in writing as well as signed by the party to be charged. For example, a buyer seeking to enforce a real estate contract against a ...