If you are trying to resolve your commercial litigation action through settlement, and you and the other side agree to a settlement, you may have various tools to force the other side to honor the terms of that deal. One is to ask the court to issue an order to enforce the settlement agreement. When you ask the court to issue such an order, it is very important to have ample evidence to establish that you and the other side had an enforceable agreement. You need some sort of persuasive proof that establishes that there was a clear set of terms and that there was mutual assent to those terms. To help you accumulate and present the evidence you need in your case, be sure you have experienced South Florida commercial litigation counsel representing you.
As an example of the sort of proof that is sufficient, and what is insufficient, a recent case from here in South Florida is illustrative. A Florida real estate deal that failed was the basis for litigation. A Palm Beach County optometry office sued a real estate entity over the failed deal. The parties litigated for a period of years, then began to negotiate a settlement.
Disagreement erupted anew after the sides disputed whether or not they’d actually consummated a binding settlement agreement. The defendants, believing that they had a binding settlement in place, asked the judge to issue an order to enforce the agreement. In support of their motion, the defendants brought to the judge emails between their lawyers and the plaintiffs’ lawyers, as well as a deposition given by the representative of the defendants’ insurer.