Vender v. 7900 Red Road Partnership
Vender v. 7900 Red Road Partnership
Opinion of the Court
Plaintiff, Bertha Vender, appeals a judgment dismissing her amended complaint with prejudice and granting the motion of defendant 7900 Red Road Partnership to compel and effect full performance of a settlement agreement.
Bertha Vender filed a complaint and an amended complaint against appellees Dade
“1. That the Settlement Agreement heretofore entered into by the Attorneys for all parties hereto is enforceable and in full compliance with the provisions of Section 1.030(d) of the Florida Rules of Civil Procedure.
“2. That the attorney of record for the Plaintiff had full and express authority from the Plaintiff to so compromise and settle this cause of action for her and such authority was clear and unequivocal and the Settlement Agreement was in full accordance with such expressed authority so given to the Plaintiff’s Attorney.”
Appellant argues that the trial court erred in ratifying the agreement because she did not give her attorney special authority to compromise or settle her claim, and the agreement reached between her attorney and the appellees was without her knowledge or consent.
Where, as here, the issue sought to be reviewed is necessarily a mixed question of law and fact, the duty devolves upon the appellant to make error clearly appear by availing the appellate court of a proper record of the facts and circumstances pertinent to and connected with the asserted errors.
In this case appellant failed to present a record adequate for this court to make a determination of the point she raises and, accordingly, the appealed judgment must be and is affirmed. See Best v. Barnette, 130 So.2d 90 (Fla.2d DCA 1961); Pan American Metal Products Co. v. Healy, 138 So.2d 96 (Fla.3d DCA 1962); Morceau v. Header, 179 So.2d 242 (Fla.3d DCA 1965); Pierson v. Sharp, 283 So.2d 880 (Fla.4th DCA 1973).
Affirmed.
Reference
- Full Case Name
- Bertha VENDER, formerly Bertha M. Wright v. 7900 RED ROAD PARTNERSHIP, a Florida Corporation, and County of Dade
- Cited By
- 1 case
- Status
- Published