Calvin A. Johnson v. Velma Virginia Skarvan

Summary

The Florida Fifth District Court of Appeal held that an attorney lacked authority to settle a personal injury action for less than the amount authorized by the client. The court rejected reliance on an alleged emergency and reversed and remanded the order enforcing the settlement.

Holdings

1. The absence of a transcript did not preclude appellate review because the factual underpinning of the trial court's findings was apparent from the face of the record.
2. The attorney lacked authority to settle the client's case for $6,500 when the client had authorized settlement only for $7,500, and the alleged emergency did not establish implied or apparent authority.
3. A finding that the settlement was in the client's best interest did not establish counsel's legal authority to settle the claim.

Questions Presented

1. Whether the absence of a transcript of the settlement-enforcement hearing required affirmance of the trial court's order.
2. Whether an attorney may settle a client's claim for less than the amount authorized by the client based on implied or apparent authority arising from an alleged emergency.
3. Whether the settlement's purported benefit to the client establishes counsel's authority to enter the settlement.

Disposition

reversed_and_remanded