final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Richard L. Oftedal, Judge; L.T. Case No.
D. Tittle and M. Daniel Logan of Tittle, Kairalla &
Logan, PL, West Palm Beach, for appellant.
Marshall J. Osofsky of the Law Office of Paul A. Krasker,
P.A., West Palm Beach, for appellees.
appeal of a final judgment enforcing a settlement agreement,
appellant contends that the trial court erred in concluding
that notice of late payment sent to the attorney who
represented him in the underlying litigation was sufficient
notice to appellant to accelerate the debt due under the
settlement agreement. He also claims that the court erred in
finding the agreement ambiguous and taking testimony from the
appellees to explain their view of the settlement agreement
and amounts due. We hold that the court did not err in
concluding that the attorney who accepted notice was acting
with apparent authority, but the court erred in determining
that the agreement was ambiguous as to the amounts due.
Clayton purchased a business from appellees Poggendorf and
Thomas, executing a stock purchase agreement obligating
Clayton to make payments to appellees. When he failed to make
payments, appellees filed suit. That litigation resulted in a
settlement agreement between the parties. The agreement
provided for a schedule of payments to be made by appellant
to appellees. Specifically those provisions stated:
WHEREAS, the Parties agree to fully and completely resolve
all claims by and between them and hereby mutually release
and waive any and all claims they had, have, or may have in
the future in any way related to the purchase and sale of Sun
Dome, the Contract, the Promissory Note and the Litigation,
and agree to voluntarily dismiss their claims in the
Litigation under the following terms:
1. Payments to Plaintiffs: In full settlement of
this dispute, Clayton will make payments to Thomas and
Poggendorf as follows ("Settlement Payment"):
A.) A down payment of Thirty Thousand Five Hundred and 00/100
Dollars ($30, 500.00) concurrently with the signature of this
B.) Periodic Payments to Plaintiffs as follows:
$4, 592.51 by September 1, 2015;
$4, 592.51 by October 1, 2015;
$4, 592.51 by November 1, 2015;
$4, 592.51 by December 1, ...