Enforceable Settlement Does Not Need to be Signed and can be Agreed by Attorneys

“To be enforceable, an agreement must be sufficiently specific, and reflect assent by the parties to all essential terms. . . . Where essential terms of an agreement remain open, subject to future negotiation, there can be no enforceable contract.” Portner v. Koppel, 49 Fla.L.Weekly D599a (Fla. 4th DCA 2024) (citation and quotation omitted). This applies to settlement agreements that are governed under contract law principles. Portner, supra. “Emails between attorneys can constitute an enforceable settlement agreement.” Id. Sometimes, a party may have “buyer’s remorse” and refuse to sign a settlement agreement. This fact alone does NOT mean there is not a...

18 July

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Ruling on a Privilege Objection

Posted by David Adelstein

in Standard of Review, Trial Perspectives

When a party receives a discovery request, the party may assert an objection under a privilege such as the attorney-client privilege or work product doctrine. If a trial court orders the production of privileged materials, the appropriate appellate mechanism is to file a petition for a writ of certiorari. Brinkmann v. Petro Welt Trading, 46 Fla.L.Weekly D1644a (Fla. 2d DCA 2021). Notably, a party is not “required to provide a privilege log when first responding to the requests for production and that the typical procedure was to hear the motion to compel and then to require a privilege log before the...