Henderson v. Schklar

The appellants breach the parties' settlement agreement twice when they tendered a dishonored check to a third party and later failed to make a required installment payment.

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Edward C. Henderson, Jr., and Edward C. Henderson, Jr., LLC, appeal the grant of summary judgment entered in favor of Edwin J. Schklar in this breach of contract action. We affirm. “On appeal from the grant of summary judgment this Court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.”1 In the instant case, appellants executed a document entitled “Global Settlement Agreement and Mutual General Releases” the “Agreement” with appellee, Edwin J. Schklar, LLC, and Schklar, Ney, & Heim, LLC, which purported to resolve outstanding disputes over attorney fees.2 In the Agreement, appellants agreed to pay the sum of $1,462.50 to Adorno & Yoss, LLC, at the execution of the Agreement and to pay appellee Schklar $210,000, in three equal payments of $70,000, on or before May 31, 2009, October 31, 2009, and December 31, 2009, respectively. The Agreement also provided, in pertinent part, as follows: If the Henderson parties fail to timely make any of the payments set forth above on or before the date required by this Agreement or otherwise breach any term of this Agreement, all amounts owed by the Henderson parties to the Schklar parties shall be accelerated and shall become immediately due and payable without demand, and the Schklar parties shall have a cause of action for the immediate recovery of the total unpaid balance of the Settlement Funds. Finally, the Agreement contained a “time is of the essence” clause. It is undisputed that the Agreement was valid and binding.

After learning that the check that Henderson tendered to Adorno & Yoss, LLC, upon execution of the Agreement had been dishonored, Schklar filed the instant action, alleging breach of contract and seeking attorney fees in accordance with the Agreement. Schklar moved for summary judgment, which the trial court granted.

Henderson v. Schklar

The appellants breach the parties' settlement agreement twice when they tendered a dishonored check to a third party and later failed to make a required installment payment.

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