Recent Case Law

Attorney Cannot Withdraw from Settlement After Acceptance of Offer

By Patrick Russell, Esq.

Jul 14, 2004 - 4:05:00 PM

Stevens v. American Import Car Sales, (Fla. 4DCA 2004), opinion filed July 14, 2004.

While discovery was pending in a case, the attorney for the Plaintiff made a settlement offer to the Defendant.  The Defendant accepted the settlement offer.  The discovery later revealed matters that would help the Plaintiff prove his case.  The Plaintiff's attorney attempted to withdraw the settlement offer with the new information obtained through discovery.  The Court held that the Attorney could not withdraw a settlement offer once the same was accepted by the Defendant.  The Court reasoned that in making the settlement offer, the Attorney assumed the risk that discovery would yield materials that would help prove case.