Florida Solid Waste Management Act Provisions Relating to Florida SLA Settlement Agreements
Filing a Florida State Lawsuit Settlement Agreement (also known as a FLS Agreement) involves the formal arrangement between two or more parties in a dispute over an alleged injury. The parties involved sign and agree to submit their written statement of claim and a verified account of any other pertinent medical records. The Florida State Lawsuit Settlement Agreement is typically filed with the courts of the county in which the parties are involved. The parties must also submit a sworn statement of claim stating the extent of their injuries and the amount of money they are requesting. Once submitted, the case will be filed in the courts of the county in which the parties are involved.
Before a court accepts a proposed settlement agreement, the documents must be signed by the disputing party and a notary public. Once the documents are accepted, a temporary restraining order (TRO) is granted by the court. The TRO prohibits the offending party from carrying out their part of the deal unless the court grants an appropriate relief. This can include: granting the motion to dismiss, granting a temporary restraining order, or allowing a jury trial.
In order for one party to win their Florida State Lawsuit Settlements due to an injury caused by another, both sides must submit a document called the “Sworn Affidavit of Indictment.” The affidavit contains the allegations of the case and generally outlines the extent of damage. However, once the TRO is granted, the document becomes an “advisory” document. It is not binding on the courts, but serves as a warning to the offending party that if the case proceeds, they risk the possibility of losing their day in court. An example of a typical affidavit would be a claim by an injured employee who is suing his or her employer for unpaid overtime pay.
If the TRO is denied, a new TRO can be filed in the court of origin. The new TRO must contain new information pertaining to the dispute that caused the original lawsuit to be filed in the first place. If the court approves the amended TRO, it becomes an “amended” TRO and is effective as if it had been granted at the time of filing. Therefore, the new proposed settlement agreement is applied to the originally filed complaint. The amended complaint then becomes the final judgment.
Once a TRO has been issued, either party may file a motion to strike the TRO. This motion is generally accompanied by an answer to the complaint stating that the TRO was issued improperly. If the motion to strike is approved by the court, both sides must submit written documentation detailing the reason why the court should deny their request for a preliminary injunction, an order to show cause, or a preliminary settlement agreement. The court will provide an outline of the issues it will review, usually the same four factors underlying the issuance of the TRO. A reasonable compromise is then awarded by the court.
Once a TRO has been awarded, either party can make one or more attempts to settle the dispute through negotiation, arbitration, or through a court-ordered Folsom Report. In many cases involving FLSA lawsuit settlements, the defendant would be required to pay past due penalties and potentially must return all surplus monies to the injured person or party. If the case does go to trial, each side will present a witness and documentary evidence to dispute any points of fact underlying the claim. The jury will determine the issue and either award the plaintiff or defendant in a cash settlement, an out-of-court settlement, or a combination of each. If a court-ordered Folsom Report is ordered, the parties must follow the terms established in the order.