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Stevens v. American Import Car Sales
Citations: 877 So. 2d 880; 2004 Fla. App. LEXIS 10486; 2004 WL 1562873Docket: No. 4D02-1917
Court: District Court of Appeal of Florida; July 14, 2004; Florida; State Appellate Court
Diana Stevens appealed an order compelling her to settle a lawsuit against American Import Car Sales (Jumbo Auto) for deceptive trade practices related to her purchase of a used 1997 Pontiac Grand Am. Stevens claimed Jumbo concealed prior major repairs and failed to disclose the car's salvage status. Her attorney, Rebecca Covey, had previously represented another owner of the same vehicle in a similar case against Jumbo, which had settled that lawsuit and taken the car back prior to selling it to Stevens. On March 15, 2002, Stevens proposed a settlement of $35,000, which Jumbo accepted on April 5, 2002. However, on April 10, 2002, Covey attempted to withdraw this offer after discovering evidence suggesting Jumbo may have known about the car's poor condition before selling it. Covey's attempt to withdraw the offer was motivated by a document received during discovery that potentially strengthened Stevens's case. The court noted that Covey was aware of the vehicle's issues at the time she made the initial settlement offer and had taken a firm stance regarding Jumbo's dishonesty during the proceedings. The court referenced relevant case law indicating that the risk of new evidence emerging during ongoing discovery was assumed by Covey when she made the offer. The court found no justification for setting aside the settlement agreement, distinguishing this case from a precedent involving intentional concealment of evidence by a defendant. The appellate court affirmed the lower court's order, with the judges concurring.