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Monthly Archives: November 2012

Failing to Disclose Information During Discovery Can Cause the Rescission of a Settlement Agreement

November 19, 2012 Professional Services Industry Legal Blog

As a case develops, parties exchange information through a process known as discovery. Discovery is a truth seeking device- each party is able to discover facts that the other party has. Parties and their attorneys are expected to comply with requests for discovery.

Florida’s Fourth District Court of Appeal recently found in Garvin v. Tidwell that the appellee, Tidwell, violated her discovery obligations by failing to disclose an advertisement that featured her horse. No. 4D11-2712, 2012 WL 523224 at *3 (Fla. 4th DCA Oct. 24, 2012). The court allowed the appellant, Garvin, to rescind the settlement agreement because Garvin was not aware of all of the material facts because of Tidwell’s failure to disclose information during discovery. Id. at *5. Let this case serve as a lesson to any lawyer or party considering executing a settlement agreement if you have been less than truthful or forthcoming in the discovery process.

November 2012

November 19, 2012 In The News

In a Financial News & Daily Record article titled, “The Florida Bar Mentoring Program Rolled out in Jacksonville”, Charles Jimerson was asked to comment on the enhancing program for students.

Defaults and Damages: Where Do Attorney’s Fees Fit In?

November 5, 2012 Professional Services Industry Legal Blog

I recently came across a piece of information that I had never heard before in my last four years of litigating creditor’s rights cases. I have been advised that attorneys’ fees can never be granted on a Motion for Final Judgment after Default. Who knew? I have had hundreds of default judgments entered, nearly all of which included attorneys’ fees, without once being told that this practice was incorrect. So is it really incorrect?

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