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.

Clayton v. Poggendorf

Florida Court of Appeals, Fourth District

February 21, 2018

RICK CLAYTON, Appellant,
v.
DON POGGENDORF and MARILYN THOMAS, Appellees.

         Not final until disposition of timely filed motion for rehearing.

         Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard L. Oftedal, Judge; L.T. Case No. 502015CA003114XXXXMB.

          James 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.

          Warner, J.

         In this 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.

         Appellant 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 Agreement;
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, ...

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.