Vandiver Et Al. v. Mcfarland

The defendant McFarland in this personal injury case filed a ""Motion to Enforce Settlement Agreement and for Order of Judgment Thereon."" Plaintiffs' attorneys filed a cross-motion in support of McFarland's motion, with affidavits averring that a binding settlement agreement was entered into. Plaintiffs hired a new attorney. The trial court granted McFarland's motion. On appeal, the plaintiffs contend the trial court erred in denying their objections and motions to strike the attorneys' affidavits for insufficiency, and erred in enforcing the settlement. The plaintiffs' erstwhile attorney, Brown, swears by affidavit that he entered into the agreement with McFarland's attorney, and that he had ""express authorization from the plaintiff, Alan Dean Vandiver,"" to settle as he did. Brown's partner, D'Orazio, swore by affidavit that ""ur firm had and I exercised express authority... to enter into the settlement agreement.""