Soufia Amalek v. Burger King and Broadspire
OJCC# 00-015022, Orlando District, JCC Pitts
E/C Counsel: Charlie Martinez
E/C Appellate Counsel: Charlie Martinez
Motion to Enforce Settlement/Stipulation
Claimant, who was a PTD recipient as a result of the efforts of her former attorney, moved to enforce an alleged oral telephone agreement for a washout settlement in the amount of $1,000,000.00. Claimant attempted to admit recordings of the telephone conversation, but withdrew her request upon the JCC’s notification of the statutory provision which makes such recordings unlawful without prior consent. After hearing the testimony of the claimant and the E/C representatives, and considering the representation of defense counsel that the present value of PTD benefits was approximately $275k, the JCC accepted the evidence favorable to the E/C and concluded the claimant was never extended a $1M offer to settle her case. Motion to enforce DENIED. Claimant appealed and the First DCA AFFIRMED the decision per curiam.
Decision Date: 02-07-2014
PCA date: 01-21-2015