Legal Question in Landlord & Tenant Law in Florida

Venue: Florida - small claims - mediation - attending as pro se plaintiff

Stipulation for settlement submitted at mediation. Opposing counsel stated "I will ask my client".

Later, at a motion for continuance, Opposing counsel was questioned as to having "full authority" at mediation. Her reply was "I was given a list of stipulations I could agree to, that was not one of them".

Under rule 7.090(b) and 7.090(f), can we enter a motion for judgement?


Asked on 1/31/13, 7:35 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

If mediation agreement was signed by Counsel then yes. the submission without signature is not a settlement. Full authority does not mean that he could agree to what was proposed, only that he had authority within the limits given by client. Set the matter for final hearing.

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Answered on 1/31/13, 8:02 am
Lucreita Becude Lucreita D. Becude, P.A.

I agree with Mr. Stein - these are the things that happen when you do not have an attorney to represent you. Perhaps you should consider hiring one now to be sure you win your judgment. If I can be of assistance, please contact my office for an appointment 904-997-1031

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Answered on 2/01/13, 6:57 am


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