final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Meenu Sasser, Judge; L.T. Case No.
J. Yarnell of Bryan J. Yarnell, PLLC, North Palm Beach, for
Alexandra Sierra-De Varona of De Varona Law, Boca Raton, for
Renny appeals two orders: (1) an order denying his motion to
enforce a settlement agreement with Appellee Erikah Bertoloti
that was reached pursuant to the offer of judgment statute;
and (2) an order dismissing Bertoloti from the lawsuit
pursuant to a separate settlement agreement between appellant
and other parties to the lawsuit. For the reasons that
follow, we reverse both orders.
2015, appellant sued Ilia Mogilevsky and a multitude of other
defendants. Appellant later filed an Amended Complaint adding
Appellee Erikah Bertoloti as a defendant in the lawsuit.
Appellant eventually filed the operative Third Amended
Complaint, which contains one count relevant to Bertoloti.
relevant count, appellant brought a claim against Mogilevsky
and Bertoloti for violating 18 U.S.C. § 2510, et seq.,
by unlawfully intercepting appellant's oral
communications. Specifically, appellant alleged that he and
Mogilevsky shared an office, Mogilevsky employed Bertoloti as
a secretary, Mogilevsky influenced Bertoloti "to
secretly record [appellant's] conversations," and
both Bertoloti and Mogilevsky were liable for causing
appellant's oral communications to be recorded without
appellant's knowledge or consent.
November 4, 2016, Bertoloti served a proposal for settlement
on appellant in the amount of $13, 350. The proposal required
appellant to sign a general release and to execute a Notice
of Voluntary Dismissal as to Bertoloti. The release also
contained the following covenant: "[Appellant] hereby
additionally covenants not to sue [Bertoloti] or to file any
complaint of any kind whatsoever with any federal, state, or
local governmental body, agency, or instrumentality arising
out of or in any way relating to any of the Released
November 29, 2016, before accepting Bertoloti's proposal
for settlement, appellant and related parties (collectively
the "Renny Parties") executed a Confidential
Settlement Agreement ("CSA") with Mogilevsky and
related parties (collectively the "Mogilevsky
Parties") to resolve both the instant lawsuit and a
separate lawsuit brought by the Mogilevsky Parties.
also identified certain Secondary Parties, i.e., an entity
called LendingOne and its counsel, "who are not parties
to this Settlement Agreement but are or may be impacted
hereby." The Secondary Parties were parties to the
separate Mogilevsky lawsuit.
was not a party to the CSA, nor was she a Secondary Party to
the CSA. Notably, there were 55 parties identified in the CSA
as Mogilevsky Parties, and Bertoloti was not among them.
3 of the CSA required appellant to dismiss all claims he had
"against all parties in the lawsuits with
prejudice" in the event the Mogilevsky Parties entered
into a settlement with either of the Secondary Parties.
7 of the CSA provided that the parties "shall not
disclose the existence of this Settlement Agreement to any
other parties to the Renny or Mogilevsky Actions" until
a final settlement with the Secondary Parties had been
reached or ...