[RPPTL-constructionlaw] Repudiation of Disposition Agreed to at Good-Faith Conference

[RPPTL constructionlaw]

Not to clutch any pearls, but anyone ever had this happen?

 

*	You file a motion and set it for hearing.
*	Opposing counsel (not a member of this committee, obvi) call immediately before the hearing and agree to your motion’s being granted.
*	You confirm that agreement by email.
*	You cancel the hearing. 
*	You prepare and forward to opposing counsel a simple proposed Order merely granting the motion (as agreed).
*	Opposing counsel initially advise that they agree to your Order, subject to confirmation.
*	After a some time goes by, opposing counsel refuse to agree to your Order.
*	Opposing counsel instead propose a slightly different Order.
*	You agree to opposing counsel’s Order.
*	Opposing counsel then refuse to agree to entry of their own Order, saying they’ve “reconsidered.”

 

Among other things, we’ve filed a motion to enforce the agreed disposition and have set both it and the original motion for hearing but, in the process, have lost four months (due to the court’s unavailability). In researching the former, we’ve found no similar circumstance in the jurisprudence. Accordingly, we couched our enforcement motion in terms of (and relying on authorities relating to) enforcement of settlements.

 

Please reply (only to me) if you or a loved one have encountered or suffered such perfidy, whether an enforcement motion was the balm, and/or if you’re aware of any more-relevant or more-persuasive authorities or incantations.

 

My having never encountered such treachery, my delicate sensibilities burn from this most egregious offense and, I do declare, I have surely contracted a debilitating case of the vapors (***clutching pearls***)…

 


Bryan L. Capps, Esq.




Board Certified in Construction Law by The Florida Bar


The Construction Law Firm


P.O. Box 560693


Orlando, FL 32856




(407) 674-0674




(407) 808-0098




 <mailto:bcapps at theconstructionlawfirm.com> bcapps at theconstructionlawfirm.com




 <http://www.theconstructionlawfirm.com/> www.theconstructionlawfirm.com


Offices: Orlando

 

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