Cibula v. Ross

Frank G. CIBULA, Jr., individually and Frank G. Cibula, Jr., Richard H. Gaunt, and Kent S. Pratt, Formerly d/b/a Cibula Gaunt and Pratt, Appellants, v. Leslie A. ROSS, Jr., Appellee.

District Court of Appeal of Florida

Decided April 22, 1992.

District Court of Appeal of Florida · decided 1992-04-22

Cited by 3 later decisions — most recently April 2008

1 district · 2 state decisions

Relies on 476 So. 2d 796 - Vantage Broadcasting Co. v. WINT Radio, Inc. · 555 So. 2d 448 - Weitzman v. Bergman

Good law ✅— No negative treatment on recordhow we know

Decided 1992-04-22

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¶1Philip D. Parrish and Robert M. Klein of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for appellants.

¶2Michael W. Simon of Mattlin & McClosky, Boca Raton, and Steven H. Goldfarb, Boynton Beach, for appellee.

¶3PER CURIAM.

¶4While the record establishes the attorney's limited authority to settle the claim against her client, it contains no evidence of her client's clear and unequivocal consent to the filing of an offer of judgment. Because an adverse judgment has ramifications that a voluntary dismissal of a claim does not, authority to settle does not equate to authority to file an offer of judgment. We reverse. See Weitzman v. Bergman,555 So.2d 448 (Fla. 4th DCA 1990); Vantage Broadcasting Co. v. WINT Radio, Inc.,476 So.2d 796 (Fla. 1st DCA 1985).

¶5GLICKSTEIN, C.J., and DELL and WARNER, JJ., concur.