Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Marin v. Infinity Auto Insurance Co.

Florida Court of Appeals, Third District

February 21, 2018

Wickberto Marin, Appellant,
v.
Infinity Auto Insurance Company, et al., Appellees.

         Not final until disposition of timely filed motion for rehearing.

         An Appeal from the Circuit Court for Miami-Dade County Lower Tribunal No. 14-27810 Migna Sanchez-Llorens, Judge.

          DeMahy Labrador & Drake, P.A., and Orlando D. Cabeza, Frank L. Labrador, and Angel Castillo, Jr., for appellant.

          White & Case, LLP, and Raoul G. Cantero and Christopher W. Swift-Perez, for appellee Infinity Auto Insurance Company.

          Before ROTHENBERG, C.J., and EMAS and LUCK, JJ.

          ROTHENBERG, C.J.

         Wickberto Marin ("Marin"), the plaintiff below, appeals the final order granting Infinity Auto Insurance Company's ("Infinity") motion to enforce settlement and dismissing with prejudice the action filed by Marin against Infinity's insured, Ricardo Valdes Blanco ("Blanco"), subject to the terms of the settlement agreement. Because the undisputed material facts support the trial court's finding that the parties entered into a valid settlement agreement, we affirm.

         Background

         In October 2014, Marin filed an automobile negligence action against Blanco. Thereafter, Infinity was permitted to intervene for the sole purpose of allowing it to seek enforcement of an alleged settlement agreement reached by Marin and Blanco prior to Marin's filing of the automobile negligence action. The facts relating to the automobile accident and the alleged settlement agreement are as follows.

         On December 24, 2013, Marin was injured in an automobile accident allegedly caused by Blanco, an Infinity policyholder. Marin was treated at Jackson Memorial Hospital ("JMH") and discharged from JMH on January 16, 2014. Thereafter, Infinity sent Marin's then-attorney, Jason Deitch ("Deitch"), a letter tendering the $10, 000 bodily injury policy limit to settle Marin's bodily injury claim against Blanco. The letter included a standard release and a $10, 000 check made payable to Marin, Deitch, and JMH. In the letter, Infinity also explained that it included JMH on the check because JMH appeared to have a lien for the medical services provided by JMH to Marin. Infinity, however, offered to reissue the check if the lien had been resolved. Deitch did not respond to Infinity's letter or cash the check.

         Marin subsequently retained a new attorney, and on April 7, 2014, Marin's newly-retained attorney, Jose Francisco ("Marin's attorney"), notified Infinity in writing that he had been retained to represent Marin and demanded that Infinity tender its full policy limits. The letter stated: "It is my understanding that your insured has $10, 000 in available liability coverage, which I am requesting that your company tender by delivering the settlement draft to my office by the close of business on April 28, 2014." (emphasis added). The demand letter also included medical records from JMH documenting Marin's treatment.

         On April 25, 2014, Infinity responded by sending Marin's attorney a letter, which specifically stated that Infinity "agree[d] to meet [Marin's] settlement demand." The letter also included a $10, 000 check made payable to Marin, Marin's attorney, and JMH; a release; and an open invitation to submit modifications to the settlement draft. The letter again explained that JMH had been listed as a payee on the settlement check because JMH appeared to have a lien for the medical services it had provided to Marin. However, Infinity offered to reissue the check if the lien was resolved.

         Because Infinity had included JMH as a joint payee on the settlement check, Marin's attorney treated the payment as a counteroffer and rejected the settlement payment on April 30, 2014. Infinity and Marin's attorney exchanged letters discussing whether a settlement had been reached, and thereafter, Infinity twice reissued the check without including JMH as a co-payee. Marin's attorney rejected both payments.

         Following Marin's attorney's rejection of the checks issued by Infinity, Infinity filed a motion to enforce the settlement. Following a hearing, the trial court granted the motion and dismissed with prejudice Marin's action filed against Blanco ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.