Abbey Adams Logo

Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

  • Bloglovin
  • Facebook
  • LinkedIn
  • Phone
  • Home
  • Locations
    • Where We Practice in Florida
    • Where We Practice In Illinois
  • Practices
  • Attorneys
    • David J. Abbey
    • Jeffrey M. Adams
    • Robert P. Byelick
    • Jaime Eagan
    • Jennifer J. Kennedy
    • John D. Kiernan (1947-2016)
    • V. Joseph Mueller
  • Blog
  • Links
  • Contact Us

December 7, 2018 by Jennifer Kennedy

Workers’ compensation — Mediation — Judge of compensation claims properly admitted parol evidence to resolve latent ambiguity in mediation agreement regarding the brand of bed that employer/carrier was to provide to claimant — JCC did not err in denying motion to enforce mediation agreement upon finding that there was no meeting of the minds

43 Fla. L. Weekly D2667a

Workers’ compensation — Mediation — Judge of compensation claims properly admitted parol evidence to resolve latent ambiguity in mediation agreement regarding the brand of bed that employer/carrier was to provide to claimant — JCC did not err in denying motion to enforce mediation agreement upon finding that there was no meeting of the minds 

TONY NAPOLI, Appellant, v. BUREAU OF STATE EMPLOYEE’S W/C CLAIMS/ THE DIVISION OF RISK MANAGEMENT, and DIVISION OF RISK MANAGEMENT, Appellees. 1st District. Case No. 1D18-2437. November 30, 2018. On appeal from an order of the Judge of Compensation Claims. William R. Holley, Judge. Date of Accident: December 2, 1992. Counsel: Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, for Appellant. William H. Rogner of Hurley, Rogner, Miller, Cox & Waranch, P.A., Winter Park, and Stephen M. Armstrong of Stephen M. Armstrong, P.A., Jacksonville, for Appellees.

(JAY, J.) Claimant appeals an order of the Judge of Compensation Claims (“JCC”) denying his motion to enforce a mediation agreement that the Employer/Carrier (“E/C”) would provide “the requested bed.” Instead of providing the brand of bed specified on the prescription — which was not incorporated by reference in the agreement — the E/C attempted to deliver a different brand. We affirm the JCC’s finding that there was no meeting of the minds and, therefore, no agreement to enforce.

Claimant, as the party seeking to enforce the agreement, had the burden to prove that both parties meant the same thing when they formed their contract. Cheverie v. Geisser, 783 So. 2d 1115, 1119 (Fla. 4th DCA 2001) (“The burden is on the ‘party seeking judgment on the basis of compromise and settlement’ to establish assent by the opposing party.” (quoting Nehleber v. Anzalone, 345 So. 2d 822, 822 (Fla. 4th DCA 1977))). But Claimant was unable to convince the JCC that the agreement was founded on a meeting of the minds, because the JCC admitted and accepted parol evidence that the E/C thought the phrase “the requested bed” meant any bed satisfying the doctor’s requirements as set forth in that doctor’s deposition — which took place before the mediation, constituted an amendment to the physician’s written prescription, and involved both parties’ counsel.

Parol evidence is admissible to resolve a contract’s ambiguity only where that ambiguity is latent. See generally Landis v. Mears, 329 So. 2d 323, 325-26 (Fla. 2d DCA 1976) (“Florida courts have adhered to the distinction [between patent and latent ambiguities] and ordinarily allow parol evidence where there is a latent ambiguity and reject it where there is a patent ambiguity.”). “[T]he fact that the parties ‘read the same document and came to opposite, but equally reasonable conclusions, confirms the document’s latent ambiguity.’ ” Quillen v. Quillen, 247 So. 3d 40, 48 (Fla. 1st DCA 2018) (quoting Toussaint v. Toussaint, 107 So. 3d 474, 479 (Fla. 1st DCA 2013)). Given the timeline of events, the parties’ readings of the phrase “the requested bed” were equally reasonable.

Accordingly, the JCC did not err in admitting, or relying on, parol evidence. That evidence supports the JCC’s ruling.

AFFIRMED. (B.L. THOMAS, C.J., and BILBREY, J., concur.)

* * *

Filed Under: Uncategorized

Primary Sidebar

Recent Posts

  • Attorney’s fees — Prevailing party — Appeal from order awarding attorney’s fees and costs and attorney’s fees for fees incurred in litigating amount of fees reversed in light of appellate court’s reversal of substantive portion of summary judgment on which awards were based and remand with instructions — Reversal is without prejudice to filing new appeal after trial court has concluded its labor
  • Insurance — Property — Insured’s action against insurer — Error to enter summary judgment in favor of insurer where there were factual issues as to insured’s compliance with post-loss obligations and any ensuing prejudice — Remand for further proceedings
  • Insurance — Homeowners — Assignee’s breach of contract action against insurer — Attorney’s fees — Prevailing party — Insurer was not entitled to summary judgment in its favor after paying post-lawsuit appraisal award within time limit required by the policy where appraisal process confirmed that insurer had wrongly denied paying assignee a specified amount of benefits under the policy — Payment of postsuit appraisal award did not render case moot — Remand for further proceedings on assignee’s claim for attorney’s fees and costs
  • Civil procedure — Summary judgment — Failure to state on the record the reasons for granting motion for summary judgment, as required by amended rule — Remand to allow court an opportunity to state reasons for its decision “with enough specificity to provide useful guidance to the parties and, if necessary, to allow for appellate review”
  • Insurance — Personal injury protection — Presuit demand letter — Presuit demand letter did not comply with statute where amount claimed to be due was not sufficiently precise — Although letter asked insurer to advise plaintiff if demand letter was defective in any way, nothing in language of section 627.736 requires an insurer to give notice to the insured or an assignee that a demand letter is defective

Blog Archives

Footer

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Abbey, Adams, Byelick, & Mueller XML Sitemap Index

Copyright © 2022 · Abbey Adams Byelick & Mueller, LLP · All Rights Reserved · Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982